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Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS...
After a jury awarded a Telephone Consumer Protection Act (TCPA) plaintiff $8,500 in damages at trial, the judge declined to treble the award—and instead cut it to $6,500.
The Western District of Texas recently dismissed TCPA claim for the Plaintiff's failure to allege an agency relationship between the Defendant company, and the third-party who actually placed the calls at issue.
Cases of Note - TCPA Claims Dismissed for Lack of Personal Jurisdiction, Failure to Allege an Agency Relationship - The Western District of Texas recently...
To embed, copy and paste the code into your website or blog: The U.S. Court of Appeals for the Sixth Circuit recently re-affirmed its position that manufacturers of products advertised in unsolicited fax messages do not face strict liability under the TCPA’s junk-fax provision. To face liability, the manufacturers must at least be aware that fax advertisements are being sent. In Lyngaas v. Curaden AG, a dentist sued a Swiss toothbrush manufacturer, Curaden AG, and its American subsidiary, Curaden USA, for sending unsolicited fax advertisements for their toothbrushes. 992 F.3d 412, 417 ...