Archives: Telephone Consumer Protection Act

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Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone Consumer Protection Act (“TCPA”).  Dominguez v. Yahoo, Inc., No. 14-1751, slip op. at 9 (3d Cir. Oct. 23, 2015). The … Continue Reading

The Sixth Circuit Further Defines “Advertisement” Under the Telephone Consumer Protection Act

Last month, in a case of first impression, the Sixth Circuit Court of Appeals issued an opinion finding that unsolicited faxes intended strictly for informational purposes were not “advertisements” and therefore not actionable under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. 227 et. seq. Sandusky Wellness Center v. Medco Health Solutions, No. 14-4201 (6th … Continue Reading

Supreme Court Will Address Impact of Offer of Judgment in TCPA Class Actions

On September 9, 2014, in Campbell Ewald Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), the Supreme Court held that Campbell Ewald could be held liable under the Telephone Consumer Protection Act (TCPA) for text messages it sent to individuals concerning Navy recruitment. The Court found that the plaintiff’s individual claim was not moot, … Continue Reading
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