In TCPA cases, some defendants who are not “at home”[1] in the forum state will seek dismissal under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Typically, in TCPA cases, a 12(b)(2) motion is filed when the…
Yesterday the Supreme Court issued its ruling in Facebook, Inc. v. Duguid, clarifying what qualifies as an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act. For potential TCPA defendants, it’s a very good ruling—it adopts a narrow…
On March 2, 2021, Virginia Governor Ralph Northam signed off on the Virginia Consumer Data Protection Act (“CDPA”), which will take effect on January 1, 2023. This makes Virginia the second state in the country (after California) to adopt more…
In my opening article on the TCPA, I provided a brief overview of what the TCPA is and how it may affect your business.[1] In this follow-up article, I’ll dive a bit deeper into a key question that commonly arises…
This article offers a brief introduction to the Telephone Consumer Protection Act¹ and the Federal Communications Commission’s implementing regulations², which I’ll refer to collectively here as the “TCPA.”³ Among other things, the TCPA regulates calls or messages delivered with what…
Roth Jackson attorneys were instrumental in the settlement of a landmark lawsuit brought by the Federal Trade Commission and Ohio Attorney General that resulted in favorable settlement terms for its clients and the release of companies from receivership. The FTC…
TCPA defendants can add another weapon to their arsenal with Roark v. Credit One Bank, N.A., a decision out of the District of Minnesota (in the 8th Circuit). Roark provides the first rejection of the 9th Circuit’s ruling in Marks…
The Northern District of Iowa has given us TCPA practitioners an excellent piece of authority to show that Congress meant what it wrote when it defined an “automatic telephone dialing system.” The court, in Harbach v. USAA Federal Savings Bank,…
Even in well-tended yards, weeds can emerge. Wrong numbers are the weeds of a well-tended TCPA compliance program. Notwithstanding your best efforts to cultivate and grow communications campaigns rooted in consumer consent, calls to wrong numbers are often inevitable. Numbers…
New Jersey’s federal trial court ruled in Zemel v. CSC Holdings, LLC that “when an individual sends a message inviting a responsive text, there is no TCPA violation” when you respond. That sounds perfectly reasonable, but the outcome was not…
