District courts in the Eleventh Circuit are increasingly finding that the private right of action for violation of the TCPA’s Do-Not-Call provisions does not apply to text messages. More recently, three judges in that Circuit dismissed claims under 47 U.S.C. § 227(c)(5), holding that the statute’s reference to “telephone calls” does not extend to text
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Fifth Circuit Find’s FCC’s “Prior Express Written Consent” Rule Exceeded Its Statutory Authority
TCPA Case Tossed Because Defendant’s Unequivocal Records Trumped Plaintiff’s Equivocal Recollection
Class Certification Runs Out of Gas Over Consent Questions
Court Finds Political Texts Were Not Solicitations, Dismisses Do Not Call Claim
Another Florida Federal Court Finds Do-Not-Call Regulation Inapplicable to Text Messages
Fourth Circuit Affirms Exclusion of Ascertainability Expert and Denial of Certification
Second Court Rules Do-Not-Call Regulation Does Not Apply to Text Messages
McLaughlin and Loper Bright Lead to Decision That TCPA Does Not Apply to Texts
Sixth Circuit Finds That High Volume of Calls Does Not in and of Itself Make TCPA Claims Plausible
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