Recent Posts tagged as 'TCPA'
Blog Post
03/20/2020
By Ryan L. DiClemente and Colleen Fox

While the TCPA often feels limitless in its scope, one New Jersey District Court recently dismissed a putative class action brought by an investigator hired by an attorney to prepare potential TCPA claim. The plaintiff, Mark Leyse, was paid $60 an hour to place investigative calls to various companies and gather facts for potential TCPA actions. During those calls, Leyse gave a false name and asked about the number of calls the company placed per day.  Leyse secretly recorded the calls and provided them to his attorney who would then file TCPA claims using the information Leyse obtained in his investigations.   

Blog Post
02/20/2020
By Franklin Zemel and Ariel Deray

If your company’s marketing strategy involves communicating with prospective or existing clients via phone calls and text messages, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”).

Blog Post
09/03/2019
By Ryan L. DiClemente and Colleen Fox

In Salcedo v. Hanna, No. 17-14077 (11th Cir. Aug. 28, 2019), the 11th Circuit considered whether receipt of a single unsolicited text message was sufficient to confer Article III standing to sue for a violation of the Telephone Consumer Protection Act (“TCPA”). The court found it was not and in doing so, it rejected decisions from other U.S. circuit courts on this issue.

Blog Post
05/22/2019
By Ryan L. DiClemente and Colleen Fox

A New York law aimed at curbing robocalls could significantly increase risk for companies relying on auto-dialers or prerecorded calls to contact customers.

Blog Post
01/07/2019
By Ryan L. DiClemente

While courts remain split on the scope and function of an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA), 2019 began with a well-reasoned decision limiting the scope of an ATDS and another dismissing a plaintiff’s TCPA claim based on his failure to adequately plead the defendant’s use of an ATDS in the subject communications.