Eversheds Sutherland 11th Circuit Business Blog
content top

Eleventh Circuit Holds That TCPA’s Definition of “Automatic Telephone Dialing System” Requires Use of Random or Sequential Number Generator

Addressing a question that has divided courts in a decision that will substantially affect the scope of liability under the Telephone Consumer Protection Act (“TCPA”), the Eleventh Circuit has held that equipment is not an “automatic telephone dialing system” under the TCPA unless the equipment employs random or sequential number generation and requires no human intervention.  Glasser...

Eleventh Circuit Splits with Ninth in Holding that Recipient of a Single Unsolicited Text Message Lacks Standing to Assert a TCPA Claim

John Salcedo received a single unsolicited text message from the firm of his former lawyer, offering a discount on future services.  Salcedo sued the lawyer and the law firm, seeking statutory and treble damages for alleged violation of the Telephone Consumer Protection Act (“TCPA”).  In his complaint, Salcedo alleged that the text message caused him “to waste his time answering or...

Hotels Can’t Complain About Solicited Faxes, Even When They Don’t Require an Opt-Out Notice

The Eleventh Circuit was asked in Gorss Motels, Inc. v. Safemark Systems, LP, 2019 WL 3384191 (11th Cir. July 26, 2019), to decide whether a fax recipient provided prior express permission to receive faxes from a sender under the TCPA and, if so, whether the faxes needed to contain opt-out notices under an agency regulation.  The plaintiffs were hotel operators who agreed in their...

Supreme Court to Consider TCPA Circuit Split on Interpretation of “Advertisement”

The Supreme Court will address a circuit split over the interpretation of the Telephone Consumer Protection Act’s provision imposing liability for sending unsolicited advertisements.  PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018).  The majority view—held by the Eleventh Circuit—is that an unsolicited fax is only a...

Rival Class Counsel Battle Over Settlement

An unseemly squabble between rival class-action firms drew the attention of the Eleventh Circuit in Technology Training Associates, Inc. v. Buccaneers Ltd. Partnership, 2017 WL 4819371 (11th Cir. Oct. 26, 2017).  The court remanded the case for further combat over approval of an approximately $20 million class action settlement in a Telephone Consumer Protection Act case against the...

« Older Entries