July 06, 2018
The Second and Third Circuits recently offered a boost to companies fighting spam call and text suits by backing narrow definitions of what constitutes an autodialer under the Telephone Consumer Protection Act, but differences in the ways the appellate courts reached their conclusions highlight lingering uncertainty that attorneys say sorely needs to be resolved by the Federal Communications Commission.
June 26, 2018
The Third Circuit in a precedential decision Tuesday refused to revive a putative class action accusing Yahoo of violating the Telephone Consumer Protection Act by disseminating thousands of unsolicited text messages, ruling that the plaintiff had failed to show that the equipment Yahoo used fit within the narrowed definition of autodialer recently endorsed by the D.C. Circuit.