In Boone’s Pharmacy, Inc. v. Ezrirx, LLC,1 the U.S. District Court for the Southern District Alabama dismissed the plaintiff’s TCPA complaint against a sender of fax advertisements, finding a phone conversation between the defendant and the plaintiff’s employee was sufficient to authorize and consent to the sending of future faxes by the defendant. The plaintiff, Boone’s

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury.   In 2019, Susan Drazen filed a class action lawsuit against GoDaddy alleging that the web-hosting company used a prohibited automatic telephone dialing system

In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint’s, motion to dismiss finding that even unanswered calls could constitute “telephone solicitations” under the TCPA.  LeadPoint, Inc. is a software and information technology services company for the lead generation industry.  In this case, Ms. Taylor received five telephone calls

Does a mother have Article III standing to sue under the Telephone Consumer Protection Act based on advertising text messages received on a cell phone that was being used by her son?  A panel of the Ninth Circuit answered “yes” in Hall v. Smosh Dot Com, Inc., _F 4th _, 2023 U.S. App. LEXIS 16623

The number of Telephone Consumer Protection Act (TCPA) filed lawsuits increased in the month of May. According to WebRecon’s May 2023 Statistics, the total number of TCPA cases filed increased 98.2% from April, an increased 79.2% compared to May of last year, and represents a year to date gain of 17.6%. Of the 939

The 6th Circuit Court of Appeals reversed a lower court decision and found that a single ringless voicemail (RVM) was enough to violate the TCPA.  The district court determined that the plaintiff only received one RVM and dismissed the lawsuit finding that the plaintiff suffered no concrete injury and therefore lacked standing.  The plaintiff appealed

On June 26, 2023 Connecticut Governor Ned Lamont signed Senate Bill 1058 which expands the state’s telemarketing statutes. These changes were backed by Attorney General William Tong, who noted that Connecticut’s robocall statutes have not been updated since 2015. The amendments repeal and substitute sections 42-284 through 42-288(b) of Title 42 and go into effect

On April 19, a Florida court preliminarily approved a $40 million class-action settlement by a privately held major real estate company over claims that it violated the Telephone Consumer Protection Act (TCPA).  The complaint alleged that the company made unsolicited, pre-recorded calls to consumers without their consent, including calls to consumers registered on the National