A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA). In a February decision, the Second Circuit held that under the plain text of the TCPA, an …›
David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA). "Last year marked another year of important developments in the Telephone Consumer Protection Act (“TCPA”) landscape as …›
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs. In 2017, …›
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the …›
A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements.[1] But the Ninth Circuit found that the penalties for violation of this provision are preempted by the …›
This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on robocalls to cell phones. MOSER v. BENEFYTT The Court holds that a defendant does …›
When can you compel arbitration of a putative class action? The law is developing quickly[1] and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the parties don’t have an arbitration agreement to …›
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing …›
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades.[1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office …›
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade …›