Samantha Duke

May 29, 2024 | Law.com

This change is expected to bring a new wave of litigation challenging whether the asserted consent was given for the specific marketer, the disclosure of the consent was clear and conspicuous, and the marketer's contact is logically and topically associated with the interaction that prompted the consumer to grant their consent.

By Samantha Duke

5 minute read

May 10, 2024 | Daily Business Review

The new rule, which goes into effect on Jan. 27, 2025, requires that prior express written consent be obtained separately for each company seeking to use such consent. In other words, there must be "one-to-one" consent.

By Samantha Duke

5 minute read

June 23, 2021 | Daily Business Review

While this decision will eliminate TCPA litigation based on claims that the call or text was made from a device that had the mere "capacity" to store numbers to be called and to dial such numbers automatically, it will not eliminate all TCPA litigation.

By Samantha Duke

5 minute read

June 14, 2021 | Daily Business Review

While this decision will eliminate TCPA litigation based on claims that the call or text was made from a device that had the mere "capacity" to store numbers to be called and to dial such numbers automatically, it will not eliminate all TCPA litigation.

By Samantha Duke

5 minute read

April 12, 2021 | Daily Business Review

The U.S. Supreme Court held oral arguments in a case that may have a significant impact on the ability to certify a class action seeking statutory damages.

By Samantha Duke

5 minute read

October 08, 2019 | Daily Business Review

The TCPA prohibits the use of automatic telephone dialing systems (ATDS) or "auto-dialers" to contact consumers on their mobile phones, without the consumers' express consent.

By Samantha Duke

5 minute read