the Third Circuit Court of Appeals held today that a violation of the TCPA does not automatically confer standing. This is the first time the Court has reached the issue directly–although it did so in the context of an unpublished decision.
Out of the Frying Pan: Another Defendant Ends up in State Court After Raising Article III Issues Tuesday, May 18, 2021
Friend or foe?
That’s what TCPA defendants are beginning to wonder about Article III standing principles in the Eleventh Circuit.
Yet another Defendant has been remanded to
state court to litigate a
federal claim for lack of standing in
federal court, and this is just a mess.
The way things are supposed to work i.e. 99.99% of times a federal claim can be litigated in federal court. There’s a federal statute permitting it. There’s Supreme Court precedent around it.
As recent Telephone conmsumer protecton act case Worsham v. Direct Energy Services, there is likely no non-delegable duty to control third-parties under the TCPA.
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Providing business teams with advice for sending text messages
can be nothing short of frustrating. For businesses used to sending
email marketing, the laws for texting are unexpected. Unlike the
CAN-SPAM Act, TCPA requires prior express written consent if
autodialed messages are sent that contain advertising content. And
unlike CAN-SPAM, TCPA has a private right of action. On its face,
the recent Supreme Court decision in
Facebook, Inc. v. Duguid seemed to bring good news. The
decision suggests that companies may be able to send, in several
Highlights
They have demanded vaccination of crew on priority amid COVID-19 pandemic
New Delhi: Air India pilots union (ICPA) has threatened to stop work if the airline fails to set up vaccination camps on a ‘pan India` basis for the flying crew.
In a letter written to
Air India`s Director of Operations RS Sandhu, ICPA said, With no healthcare support to the flying crew, no insurance, and a massive opportunistic pay cut, we are in no position to continue risking the lives of our pilots without vaccination. Our finances are already spread thin covering our bedridden colleagues and provisioning for families lest we inadvertently infect them with the deadly virus that is an ever-present occupational hazard for us.