TCPA

Recipients of Telemarketing Calls Made on Behalf of DirecTV Granted Class Certification in Class Action Lawsuit

On August 1, 2022, the United States District Court for the Northern District of West Virginia granted class certification to a group of about 114,000 individuals who, despite being on the national Do-Not-Call Registry, received at least two robocalls placed on behalf of DirecTV.  The court concluded that this was “a model case for the application of the class action mechanism.”

In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”), which, among other things, created a Do-Not-Call Registry that prohibited the initiation of telephone solicitations to residential telephone numbers listed on the registry.  The TCPA provides […]

The Supreme Court Narrows the TCPA’s Autodialer Provision: Facebook Can Text You

On April 1, 2021, the Supreme Court issued a unanimous decision in Facebook, Inc. v. Noah Duguid, No. 19-511, 2021 U.S. LEXIS 1742 (U.S. Apr. 1, 2021), siding with Facebook in narrowing the federal ban on unsolicited robocalls and robotexts.   The Court held that Facebook did not violate the Telephone Consumer Protection Act of 1991 (“TCPA”) by sending security related text messages to the Plaintiff, Noah Duguid.  Duguid sued Facebook after receiving several text messages from Facebook alerting him that someone tried to access his Facebook account from an unknown browser, when he never had a […]