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Category: Express Consent

ATDS/Predictive Dialer Cases…

THE TCPA TEXTS SPLIT GROWS!: Ohio Court Holds Text Messages Are Not “Telephone Calls”

4 Mar 20264 Mar 2026
Greetings TCPAWorld! The texts-versus-calls split just got wider, and we just got another ruling from a federal court within the Sixth Circuit! In Stockdale v. Skymount Prop. Grp., LLC, et…
Class Actions…

WRITTEN CONSENT?: New Fifth Circuit Decision Says Congress Never Required It in the First Place!

25 Feb 2026
Greetings TCPAWorld! As the Czar just teased earlier today while literally driving (dedication, folks), the Fifth Circuit just dropped a HUGE ruling. In Bradford v. Sovereign Pest Control of TX,…
ATDS/Human Intervention…

RINGING UP TROUBLE: Auto Lender’s Voicemail Opens the Door to TCPA Class Claims

6 Feb 2026
Greetings TCPAWorld! Happy Friday! Here's a tip for auto lenders: if you're going to use prerecorded voicemails to chase down payments, you might want to make sure you're actually calling…
Class Actions…

NO FISHING EXPEDITION HERE: Court Hooks Plaintiff On Individual Issues

10 Sep 2025
Greetings TCPAWorld! I'm back with another interesting case update to put on your radar! VanderSloot v. Charles Baratta LLC, No. 24-CV-07096 (JMW), 2025 WL 2605343 (E.D.N.Y. Sept. 9, 2025), just…
ATDS/Human Intervention…

TALK TO A HUMAN OR PAY THE PRICE: Congress Proposes Call Center Bill Mandating AI and Location Disclosures

4 Aug 2025
Greetings TCPAWorld! Happy Monday! If you’ve ever been stuck shouting "representative or agent" or pressing zero repeatedly into the void of an automated system, this one’s for you. So without…
Express Consent…

THE PRICE OF PRESUMED CONSENT: When a Friendly Fax Turns Federal

17 Jul 2025
Greetings TCPAWorld! WOW. As you see the buzz all over social media, the Law Conference of Champions was a massive success! Can you expect anything less from the most outstanding…
Class Actions…

FUELED BY LITIGATION: ExxonMobil Skids Into TCPA Quiet Hours Lawsuit

8 May 2025
Greetings TCPAWorld! I'm back with the latest. Yesterday, ExxonMobil Corporation was named in a new TCPA class action in the Northern District of California. See Yates v. Exxon Mobil Corp.,…
Class Actions…

GRAB THE POPCORN: Regal’s Marketing Texts Just Premiered in a TCPA Blockbuster!

11 Mar 2025
Greetings TCPAWorld! Grab your popcorn, here’s a quick case alert for you. Regal Cinemas just found itself in the middle of a legal thriller, and this one is playing out…
ATDS/Predictive Dialer Cases…

FROM CORN DOGS TO COURTROOMS: Sonic’s Texts Might Cost More Than a Combo Meal

6 Mar 2025
Greetings TCPAWorld! Quick update here for you. Have you ever received a text about a fast food deal you never signed up for? Usually, I receive these texts because I…
Class Actions…

LIP GLOSS POPPIN’, TEXTS DROPPIN’: Colourpop’s Late-Night Texts May Have Compliance Floppin’

7 Feb 2025
Greetings TCPAWorld! Lip gloss is poppin’, lip gloss is cool—but late-night marketing texts? Those might land them in court. Listen up, beauty lovers and TCPA watchers—Colourpop Cosmetics is facing a…
Class Actions…

UNWANTED TEXTS, UNWANTED TROUBLE: LG’s Labor Day Discounts Come with a Price

21 Jan 2025
Greetings, TCPA World! Don’t change the channel. LG Electronics U.S.A. is central to a federal class action lawsuit over its 2024 Labor Day promotional campaign. See McGonigle v. LG Elecs.…
Class Actions…

CAUGHT LISTENING?: Google’s AI Faces Privacy Law Showdown

4 Sep 20244 Sep 2024
Greetings TCPAWorld! Get excited! What a time to be alive in the latest AI evolution of legal cases emerging and yet to come. I'm back with a deep dive into…
Class Actions…

SUNFLORA’S CBD ROBOCALL FIASCO: Privacy Promises or Just Blowing Smoke?

29 Aug 2024
Greetings TCPAWorld! I’m back with the latest. SunFlora, the Florida-based CBD company with a reputation for bold marketing, is now in a legal haze facing a proposed class action in…
Class Actions…

CRYPTO CHAOS: Athena Bitcoin Sued After Flooding Phones with Texts

22 Aug 202422 Aug 2024
Greetings TCPAWorld! In a newly proposed class action lawsuit, Jackson v. Athena Bitcoin, Inc., 4:24CV00331, filed by the one and only LawHQ (if you didn’t read my previous blog, check…
Express Consent…

REVVING UP A TCPA LAWSUIT: LawHQ Puts Jeg’s Automotive on the Legal Fast Track

17 Aug 2024
Well, folks, it’s Blake Landis, one of Troutman Amin’s newest additions, who will give you the latest scoop. It looks like Jeg’s Automotive LLC has drifted into some legal hot…
Class Actions…

BAIS YAAKOV IS BACK, BABY! AND IT BRINGS GIFTS: First Circuit determines a fail-safe class is uncertifiable.

12 Sep 2021
That’s right – Bais Yaakov is back, baby!  And it’s brought gifts. You might recall Bais Yaakov – the private high school we’ve previously blogged about on more than a…
Class Actions…

Up in Smoke: TCPA Class Action against Cannabis Delivery Company Wacked on Numerosity Grounds

29 Jan 202031 Jan 2020
Sometimes worlds collide. Indeed, these days, the Controlled Substances Act is not the only federal law that may hound cannabis pioneers. Rather, TCPAWorld continues to butt heads with the growing…
ATDS/Human Intervention…

Glasser Half-Full? Eleventh Circuit’s Huge ATDS Ruling Has Interesting “Willfulness” Twist

28 Jan 202029 Jan 2020
Not to be lost in the Eleventh Circuit’s recent Glasser opinion, brilliantly summarized by the Czar here, is the court’s shorter decision on TCPA liability in the context of “artificial…
Express Consent…

Simple Simon: Debt Collector Granted Summary Judgment In TCPA Case Because Plaintiff Provided His Number Directly to the Collector

12 Dec 201913 Dec 2019
With all the complicated and nuanced legal issues in TCPAWorld -- I just spoke for five hours on this stuff Tuesday-- once in a while it is nice to remind ourselves…
Class Actions…

TCPA Class Melts Under Sweltering Scrutiny: Company-Wide Training Policy and Plaintiff’s “Distressing” Ignorance of Her Claim Against Ice Cream Company Defeats Typicality and Adequacy

5 Dec 201912 Dec 2019
Like many chains, Häagen-Dazs operates a Rewards Program where members receive points for their purchases, coupons, and other offers, as well as information regarding their favorite creamery. The Rewards Program…
Express Consent…

TCPA QUICK-HITTER: North Carolina Federal Court Dismisses TCPA Claim for Failing to Allege Lack of Consent to Calls

10 Sep 201911 Sep 2019
Here’s a quick update for TCPAWorld concerning the on-going battle across the country regarding what exactly constitutes a prima facie case under the TCPA. Many courts have come to the…
Class Actions…

No Consent For You: SDNY Magistrate Judge Recommends Certifying No-Consent Class Against Now-Closed NYC Cantina Based On Lack Of Evidence Of Consent.

12 Aug 201913 Aug 2019
We often remark that the TCPA can, and does, affect businesses across industries. A once-popular New York City restaurant learned that lesson the hard way, when a Southern District of…
Express Consent…

“The Results Are In – You DID Consent To These Faxed Advertisements!” – TCPA Claim Against Paternity Testing Facility Fails Based On Medical Center’s Decade-Old Prior Express Consent

19 Jul 201922 Jul 2019
How long does prior express consent last? Well, TCPAWorld, you are in luck – according to the Northern District of Illinois, consent can last for around a decade, at least.…
Express Consent…

Context Matter: Court Uses Deposition Testimony to Find Revoking TCPA Plaintiff Re-Consented to Calls By Asking for A Single Call Back

20 May 201921 May 2019
For those struggling to understand the contours of express consent and revocation in TCPA cases—and who isn’t— a new decision out of the Southern District of Texas is well worth…
ATDS/Human Intervention…

Text Me 6 Times, Shame on Me; Text Me 30 Times, Shame on You: Court Holds TCPA Plaintiff Plausibly Alleged That Defendant Exceeded the Scope of Consent

6 May 20197 May 2019
Although they often get lost in the morass surrounding the definition of an ATDS, significant TCPA cases continue to turn on the scope of consent. Hudson v. Ralph Lauren Corp.…
Express Consent…

The TCPA and Human Memory: New Ruling Shows How Convenient Memories Often Make for Large-Dollar Lawsuits in TCPAWorld

29 Apr 201930 Apr 2019
Human memory is an odd thing. The longer I live, the more convinced I become that most people are not capable of recalling facts as they actually happen, but merely…
Express Consent…

No Free Lunches in TCPAWorld: Call-to-Action Display Offering Burger Coupon Did Not Grant Consent for Related Text Solicitation

8 Apr 20199 Apr 2019
There really is no such thing as a free lunch in TCPAWorld. And companies offering a free meal in exchange for membership in a text or call list had better…
Express Consent

Whose Consent Is It Anyway?: Court Recognizes Reasonable Reliance Defense in Denying Summary Judgment to Junk Fax Plaintiff

3 Apr 2019
Photo by rawpixel.com on Pexels.com Reassigned number liability remains shaky ground in the wake of ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018), with the D.C. Circuit vacating…
Express Consent…

When Is A TCPA Violation “Willful?”

1 Apr 2019
When is a TCPA violation willful? What is the standard of proof? The Eastern District of California addressed those questions last week in N.L. v. Credit One Bank, N.A., 2019…

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We’ll break all the TCPA news–usually before anyone else does–with witty and informative articles that break the mold of stuffy law firm analysis. Yet the analysis you’ll find will always be dead on and steeped in our decades of combined TCPA defense experience.

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