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5th Circuit Rules that One Unsolicited Text Message is Enough to Trigger TCPA Liability | Weiner Brodsky Kider PC

To embed, copy and paste the code into your website or blog: A three-judge panel in the Fifth Circuit recently ruled that the receipt of a single unsolicited text message was enough to allow a plaintiff to bring a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA).  This decision is significant as it signifies a split with an Eleventh Circuit decision which reached the opposite conclusion.  The case concerned a plaintiff who received unsolicited advertising text messages from a sports nutrition and vitamin company after he provided the company with his cell phone number during a visit to one of the company’s stores.  The messages persisted after Plaintiff made a request to stop receiving advertisements.  The plaintiff and the company entered into a pre-suit settlement to avoid litigation.  However, after the settlement was executed, Plaintiff received another marketing text from the company. Plaintiff brought a putative class action cla

The Beginning of the End for the Class Representative Incentive Award? (Part II) | Butler Snow LLP

Post-Barr, Liability Attaches for Debt Collector—but With Damages Limitation—in Delaware | Manatt, Phelps & Phillips, LLP

Interpreting the Supreme Court’s ruling in Barr v. American Association of Political Consultants, Inc., severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in Delaware held that a debt collector could be liable under the statute for claims that arose prior to the Court’s decision. The case is Franklin v. Navient, Inc. The plaintiff, Ricky Franklin, claimed that he received 86 calls between 2015 and 2017 from Navient, seeking to collect on his federal government-backed student debt. Navient moved for summary judgment on calls after November 2015, when Congress added the exception for government-backed debt to the TCPA.

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