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Pre-emption

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In Threadford v. Board of Trustees of University of Alabama, 2018 WL 2197554, at *2–3 (N.D.Ala., 2018), Judge Proctor dismissed a TCPA claim against the University of Alabama. There are two exceptions to Eleventh Amendment immunity:  First, Congress can abrogate eleventh amendment immunity without the state’s consent when it acts pursuant to the enforcement provisions of section 5 of the… Read More

In Flores v. Access Insurance Company, 2017 WL 986516, at *8 (C.D.Cal., 2017), Judge Snyder found that Plaintiff adequately pleaded use of an ATDS to send a text message and that the McCarran-Ferguson Act did not bar a TCPA Plaintiff's claim against the insurer.  Judge Snyder also said that dual purpose text messages can trigger the TCPA's written consent requirement.… Read More

In Teltech Systems, Inc. v. Bryant, --- F.3d ----, 2012 WL 6097949 (5th Cir. 2012), the Court of Appeals for the 5th Circuit held that the Truth-in-Caller ID Act pre-empted state-law ‘anti-spoofing’ legislation. “Spoofing” is misrepresenting the originating telephone caller's identification (caller ID) to the call recipient. The practice has both improper and legitimate applications. In early 2010, Mississippi enacted… Read More