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Kellie Bubeck Kellie Bubeck

Buyer Beware: Ninth Circuit Revives TCPA Claims Over Home-Buying Texts

A real estate investor’s “we buy houses” text may look like a simple purchase inquiry. But a new Ninth Circuit ruling suggests that may not end the TCPA analysis. In Coffey v. Fast Easy Offer, LLC, the court revived a TCPA do-not-call claim, holding that courts may consider why a message was sent, not just what it said.

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Kellie Bubeck Kellie Bubeck

Texas Court Rejects Common TCPA Add-On

If your business has been sued under the Telephone Consumer Protection Act (TCPA) in Texas, you've probably seen it before: a plaintiff adds a claim alleging the company failed to obtain a Texas telephone solicitation registration certificate.

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Kellie Bubeck Kellie Bubeck

Think Ringless Voicemail Avoids the TCPA? Courts Disagree

A common sales pitch in the real estate industry goes something like this: ringless voicemail is safer because the consumer’s phone never rings. No interruption. No annoyance. No problems under the TCPA. That theory has now fueled years of TCPA litigation.

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Kellie Bubeck Kellie Bubeck

Hyatt Checks Out of Tracking Lawsuit with Help from Website Terms

Businesses facing the growing wave of website tracking litigation should pay close attention to a recent Illinois federal court decision involving Hyatt Hotels. In Juhyun So v. Hyatt Hotels Corp., 2026 U.S. Dist. LEXIS 98893 (N.D. Ill. May 5, 2026), the court dismissed a federal Wiretap Act claim based on Meta and Adobe tracking technology embedded on Hyatt’s booking website.

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Kellie Bubeck Kellie Bubeck

FCC Takes Aim at Offshore Call Centers; Comments Due May 26, 2026

Long hold times, repeated transfers, and hesitation around sharing sensitive information are common features of many customer service interactions. The Federal Communications Commission (FCC) is now examining how those experiences are shaped, particularly when call centers are located outside the United States.

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Liam Heusel Liam Heusel

Wrong Number, No Liability? Court Applies TCPA Emergency Exception to Dental Plan Calls

What happens when a healthcare call reaches the wrong person? The Northern District of New York suggests not much under the TCPA. In Davis v. Healthplex, Inc., 2026 LX 186555 (N.D.N.Y. Apr. 14, 2026), the court dismissed a class action, holding that prerecorded healthcare calls may fall within the emergency-purposes exception even when sent to the wrong number.

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Kellie Bubeck Kellie Bubeck

A New TCPA Risk: Caller ID Requirements for Marketing Texts?

A second federal court has now held that caller ID requirements apply to marketing text messages and can be enforced through private lawsuits. Novia v. Mobiz signals a growing trend courts may continue to follow. While the legal theory remains contested, claims based on missing sender identification in texts are starting to survive.

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Kellie Bubeck Kellie Bubeck

Dead Argument Revived? Two Courts Rule Texts Are Not “Calls” Under TCPA

After a recent string of court rulings treating texts as “calls” under the TCPA, it seemed like the argument that texts are not calls was effectively dead. Trying to argue otherwise started to feel a bit like bringing a rotary phone to a smartphone fight. But two recent federal district court decisions suggest the issue may not be quite as settled as many assumed.

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Kellie Bubeck Kellie Bubeck

Fifth Circuit Exterminates Written Consent for Prerecorded Calls

In Bradford v. Sovereign Pest Control of TX, Inc., 2026 U.S. App. LEXIS 5614 (5th Cir. Feb. 25, 2026), the Fifth Circuit held that the TCPA requires only “prior express consent” for prerecorded calls to cell phones, and that consent may be oral or written.

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Liam Heusel Liam Heusel

Oklahoma Inches Closer Toward Consumer Privacy Law

Oklahoma is poised to join 19 states with comprehensive consumer privacy laws, further expanding the state-by-state compliance landscape for businesses that collect and use personal data. If enacted, the law would take effect January 1, 2027, adding another jurisdiction to an already complex regulatory map.

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Kellie Bubeck Kellie Bubeck

Overlooked and Enforceable: The Return of California “Shine the Light” Claims

Many businesses assume their California privacy exposure is fully addressed through compliance with the California Consumer Privacy Act (CCPA). But that assumption can leave important gaps. We are seeing a rise in inquiries and pre-litigation letters invoking California’s “Shine the Light” law. These requests may appear routine but mishandling them can create real statutory and litigation risk.

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Kellie Bubeck Kellie Bubeck

California AG Secures Record $2.75M CCPA Settlement Against Disney

Disney is one of the most recognizable brands in the world, but even Mickey isn’t safe from the California Consumer Privacy Act (CCPA). In a landmark enforcement action, the California Attorney General yesterday announced a $2.75 million settlement with The Walt Disney Company, the largest settlement to date under the CCPA.

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Kellie Bubeck Kellie Bubeck

Designing Enforceable Opt-Ins: Lessons from Dahdah v. Rocket Mortgage

When websites tell users they agree to terms by clicking a button, when does that click actually bind them? In Dahdah v. Rocket Mortgage, LLC, No. 24-1910, 2026 LX 73742 (6th Cir. Jan. 26, 2026), the Sixth Circuit addressed that question in a setting familiar to many businesses: a consumer entering information on a lead-generation site and clicking buttons to move forward.

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The content of PrivacySpeak is not legal advice and should not be used as a substitute for consulting with a qualified attorney. Information provided may not apply to all jurisdictions and may be subject to change. © 2025 Bubeck Law LLC