Telephone Consumer Protection Act

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The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out. …
Continue Reading Businesses Yet to See Major Relief from TCPA Lawsuits Following ACA International Decision

Recently, the United States Court of Appeals for the Second Circuit affirmed the district court’s finding in Reyes v. Lincoln Automotive Financial Services that a customer could not revoke prior express consent for purposes of the Telephone Consumer Protection Act (“TCPA”) if that consent was provided as consideration in a binding contract. In a ruling…

Two recent decisions by the U.S. Court of Appeals for the Eleventh Circuit – one involving a rare written dissent from the denial of a petition for rehearing en banc – demonstrate the continuing difficulties courts are facing in determining what constitutes a concrete injury under Spokeo. …
Continue Reading Eleventh Circuit Decisions Demonstrate Difficulties in Analyzing Standing Following Spokeo

Last month, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in ACA International v. FCC, the appeal of the Federal Communication Commission’s July 2015 declaratory order interpreting the Telephone Consumer Protection Act. The D.C. Circuit may soon clarify the TCPA’s restrictions on automated telephone dialing, a result many affected businesses throughout the country would welcome.
Continue Reading Appeal of FCC’s TCPA Order May Provide Clarity to Affected Businesses

On July 12, 2016, several Hunton lawyers published an article addressing the growing trend of consumer class actions and reminding consumer product manufacturers to look to their insurance policies when they find themselves faced with class action lawsuits in the digital landscape. This blog post provides a link to the article. …
Continue Reading Consumer Product Companies Reminded That Insurance Options Exist for Big Data Blunders

On January 20, 2016, the United States Supreme Court issued its ruling in Campbell-Ewald v. Gomez, No. 14-857, in which a 6-3 majority held that “an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case,” thus resolving an ongoing split among the Circuits on this issue.
Continue Reading Supreme Court Holds Unaccepted Offer of Judgment Does Not Moot Claims, But Leaves Key Issue Unresolved