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The Ninth Circuit held that the TCPA applies to unsolicited cellular telephone text messages advertising the commercial availability of goods or services as "calls" made in violation of the act: In June 2007, a ruling (later overturned) was handed down in class action case Satterfield v. Simon & Schuster, No. C 06-2893 CW, 2007 U.S. Dist. LEXIS ...
Facebook objected to the lawsuit, challenging both Duguid's claim that their notification system for logic security was an ATDS, as the messages sent were targeted to specific phone numbers and not the sequential or random number behavior associated with ATDS, and asserting that the autodialer statute of the TCPA with the 2015 amendment was a ...
Several companies agreed to settle allegations of Telephone Consumer Protection Act violations, and one of those could amount to $100 per text. If you bought certain CytoSport or Muscle Milk ...
Despite Chevron providing deference in the case of an ambiguously worded statute, the District Court found that the MSA unambiguously provides for industry-funded monitoring of the herring fishery, and thus concluded its analysis at the first step of Chevron. The Court acknowledged Loper Bright's arguments regarding ambiguity in the statutory ...
Facebook recently paid 1.4 million Illinois residents $397 in 2022 as part of a class action lawsuit for facial recognition breaches through its “Tag Suggestions” feature, per CNBC.
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The Junk Fax Prevention Act of 2005 made small but significant changes to the TCPA. Most notably, it amended the statute to legislate the EBR exemption previously promulgated by the FCC. However, the bill was not amended to authorize the FCC's so-called "common carrier" exemption.
Sergei Lemberg, Esq. Sergei Lemberg is a consumer rights attorney, practicing since 2006. [1] He is known for a United States Supreme Court case (Facebook v.Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages.