Phone and gavelUndoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA jurisprudence as we know it.  While we wait for a Supreme Court decision, the oral argument made a few things clear:

Continue Reading TCPA Turnstile: As we wait for a ruling in Barr, new case law abounds (TCPA Case Update Vol. 12)

Phone and gavelWe’re a quarter of the way through 2020 — even if March may have seemed liked several years unto itself — and it is shaping up to be another big year for TCPA litigation.  We’ve gone through the dozens of TCPA decisions published this year and identified the five most notable cases and storylines that we will be following closely for the rest of 2020.

Continue Reading Five Key TCPA cases to Know as We Enter the Second Quarter of 2020 (TCPA Case Update Vol. 11)

Phone and gavelPerhaps not surprisingly, there was no vacation this summer for TCPA litigation.  We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo.  But we’ve also combed through the 150+ TCPA-related decisions over the summer to keep you apprised of the latest developments in this area of the law.  We’ve compiled the most noteworthy decisions since our last report, and they’re listed below by issue category in alphabetical order.

Continue Reading TCPA Turnstile: Case Update Vol. 10

For the vast majority of Americans, receiving a single unsolicited text message is a mere annoyance that does not warrant a federal lawsuit.  But spurred by the language of the TCPA and a series of judicial decisions nationwide, a cottage industry has sprung up around filing putative class action lawsuits centered around this sort of alleged “harm.”  Last week, the 11th Circuit dealt a significant blow to such cases, finding that receipt of a single unsolicited text message in violation of the TCPA is not sufficient to establish standing.


Continue Reading Common Sense Reigns in 11th Circuit: A Brief Annoyance Does Not Create Standing

Phone and gavelThe volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA several times a year? Lucky for you, the answer is us! We have once again taken on the burden of slogging through the swampy flood of TCPA cases nationwide, so you don’t have to. We have compiled the most noteworthy decisions since our last report, and they are listed below by issue category in alphabetical order.

Continue Reading TCPA Case Law Review (Vol. 9): How are there still this many TCPA cases?

Phone and gavelAlthough there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar.  Several courts have denied class certification in putative TCPA class actions while other courts have granted dismissal or summary judgment for the defendants.  Below are the most notable cases for this review period. The decisions are listed by issue category in alphabetical order.

Continue Reading TCPA Case Law Review (Vol. 8)

Phone and gavelAs we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary judgment stages, and there have been other positive TCPA decisions during the past month as well. But unfortunately, it is not all good news.  At least three courts have certified TCPA class actions in the past month. Although the facts of each case are obviously critical to assessing the propriety of class certification, we always prefer to see class certification denied in these sorts of cases.  Below are the most notable cases for this review period. The decisions are listed by issue category in alphabetical order.
Continue Reading TCPA Case Law Review (Vol. 7)

Phone and gavelAs 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or another. Some cases, like Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC (which we discussed last week), make bigger news than others. But it’s important to keep tabs on the full TCPA litigation landscape to understand what patterns are emerging and what arguments are winning. Below are the most notable cases for this review period. The decisions are listed by issue category in alphabetical order.
Continue Reading TCPA Case Law Review (Vol. 6)

Phone and gavelSince our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case – you can read our thoughts on that case here. But that was not the only meaningful case decided in the last month or so. Decisions continue to roll in on critical issues such as class certification, the definition of an ATDS, and the viability of negotiated settlements. Below are the most notable cases for this review period. The decisions are listed by issue category in alphabetical order.

Continue Reading TCPA Case Law Review (Vol. 5)