Written by Meg Corry and Tomio Narita
Latest from TCPA Defense Force Blog
Consent Provided by Employee in Phone Call Bars Company TCPA Complaint Against Fax Sender – In Certain Circumstances
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
11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto
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
Even if They Don’t Answer, It is Still a Solicitation
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
Hall v. Smosh Dot Com, Inc. – Ninth Circuit Holds Mother Has Article III Standing To Sue Under TCPA Based On Text Messages Received On A Phone Used By Her Son
WBD Welcomes Simmonds & Narita Litigation Team
Some great news from our San Francisco office—Womble Bond Dickinson has combined with San Francisco-based boutique litigation firm Simmonds & Narita LLP.The five-lawyer team is comprised of partners Tomio Narita and Jeffrey Topor and counsels Leanne Yu, Nathan Searles, and Dominic Luca. The team has extensive experience defending individual and class actions
TCPA Filings Rise
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
6th Circuit Holds One Ringless Voicemail Sufficient to Violate TCPA
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
Connecticut Broadens its Telemarketing Laws
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
Alleged TCPA Violations Lead to $40 Million Settlement for Real Estate Company
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