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Talk to the Machine! AKA Revoking TCPA Consent by "Talking" to a Pre-Recorded Message | Cozen O'Connor

Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not. But this is the theory advanced by serial pro se litigant Na’eem Betz in Betz. ....

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Cupp v. First National Collection Bureau Update

In Cupp v. First National Collection Bureau, an ATDS debt collection lawsuit, the court held the compliant alleged the Plantiff received 15 messages in about one month denying the Defendant's motion for judgement on the TCPA. This follows the Ninth Circuit's Borden decision. ....

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Ninth Circuit May Reconsider the Borden ATDS Ruling En Banc

Ninth Circuit Court of Appeals in Borden v. E-Financial held dialing numbers from pre-existing list, even if the pre-existing list is sorted randomly or sequentially, would not qualify as dialing with an automatic telephone dialing system ATDS. ....

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Borden Ruling Petition to Reconsider

The new Borden decision is a departure from the Facebook ruling and a possible trap. In filing to the Ninth Circuit a group of Plaintiff’s lawyers is urging the court to reconsider the ruling en banc because Borden conflicts with the Supreme Court's authority. ....

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TCPA Tracker - December 2022 - Advertising, Marketing & Branding

On December 8, 2022, the FCC ordered all voice service providers to terminate customer relationships or block traffic from illegal student-loan related scam robocalls. ....

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