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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.
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.
Supreme Court Upholds FCC Enforcement Authority in Major Privacy-Fines Case
The Supreme Court upheld the FCC’s ability to pursue millions of dollars in penalties against companies accused of violating privacy laws, rejecting a challenge by AT&T and Verizon over nearly $100 million in fines tied to customer location data.
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.
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.
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.
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.
Red Robin’s Arbitration Clause Gets Grilled Over Confusing Opt-In
A customer signs up for your rewards program, checks a box, and clicks submit. From a business perspective, that moment often feels like a completed contract. From a legal perspective, the recent case Preminger v. Red Robin Int’l, Inc. shows it may not be.
It’s Not You, It’s Your Privacy Policy: FTC Takes Aim at OkCupid and Match
Many companies treat privacy policies as an afterthought, but that approach creates real risk. The FTC’s March 30, 2026 action against OkCupid and Match Group Americas underscores a simple point: your policy must match what you actually do with data.
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.
Webinar Alert: The Reassigned Numbers Database v. Class Action Lawyers
Join me, Stuart Discount, Megan Rose, and Mark Silver Thursday, March 19 at 2 pm ET as we talk through the pros, cons, and real-world impact of the Reassigned Number Database and what it means for TCPA class actions.
Built Ford Tough, But Not CCPA-Proof: California Issues $375K Privacy Fine
On March 5, the California Privacy Protection Agency (CPPA) announced a $375,703 administrative fine against Ford Motor Company over how it handled consumer opt-out requests under the California Consumer Privacy Act (CCPA).
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.
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.
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.
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.
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.
Two More Courts Confirm Texts Are “Calls” Under the TCPA
If you’ve been watching the recent TCPA litigation over whether a text message counts as a “call,” two more courts just landed on the “yes” side. The decisions reinforce the safest compliance rule: treat texts like calls.
$10 Million Lesson: Informational Robocalls Can Still Trigger TCPA Class Actions
Even well-intentioned customer outreach can create significant risk under the Telephone Consumer Protection Act (TCPA), especially when prerecorded calls are involved. A recent $9.95 million TCPA class settlement highlights how quickly informational communications can turn into costly litigation.
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.
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