Uncategorized Plaintiff is Denied Prejudgment Interest Motion Against Credit One 30 Jul 2020 This five year old TCPA case, Salerno v. Credit One Bank, N.A., 15-CV-516 (JLS), 2020 U.S. Dist. LEXIS 133636 (W.D.N.Y. July 28, 2020), is still churning. As background, in June…
Uncategorized What’s Up With That? District Court Refuses to Stay TCPA Case Despite SCOTUS Ruling Being Just Days Away 24 Jun 202026 Jun 2020 We are literally days (hours?) away from a huge SCOTUS ruling on the TCPA and some district courts are yet refusing to await the big decision. Interestingly--and despite the Czar…
Uncategorized Court Grants Final Approval to $4MM TCPA Text Message Settlement, $157 to each Class Member’s Filed Claim 22 Jun 2020 Plaintiff filed an unopposed motion for final approval for the class action settlement in Larson v. Harman-Management Corp., , No. 1:16-cv-00219-DAD-SKO, 2020 U.S. Dist. LEXIS 107938 (E.D. Cal. June 18,…
Uncategorized Too Much Money!: Court Holds Excess Class Settlement Funds to go to the Government 10 Jun 2020 Well here’s something you don’t see every day. A TCPA settlement that resulted in so much money for the class that the Court ordered some of it to be given…
Uncategorized Motion to Dismiss Denied: Plaintiff’s Prerecorded Message Allegations Adequately Assert ATDS Violation 8 Jun 2020 Plaintiff Gary Cannioto filed a lawsuit against a defendant debt collection agency, Simon's Agency, Inc., for “repeatedly placing automated calls to him in an attempt to collect a debt from…
Uncategorized Big Loss for Quicken: Mortgage Origination Giant Stuck in Robocall Class Action After Court Refuses to Dismiss TCPA Claim 22 May 202025 May 2020 Mortgage origination giant Quicken is stuck in a putative TCPA class action after a Court refused to dismiss ATDS allegations--this is true although district courts in the Sixth Circuit Court…
Uncategorized LOCKED IN: 11th Circuit Court of Appeals Holds Contractual Consent for Robocalls Cannot be Revoked–but TCPAWorld Remains Split on the Issue 4 May 20205 May 2020 It has been nearly three years since the Second Circuit Court of Appeals decided Reyes v. Lincoln Automotive Financial Services, 861 F. 3d 51(2nd Cir. 2017)--a neat and tidy ruling…
Uncategorized Motion to Reopen Granted: RICO Claims Against TCPA Plaintiff May Proceed 1 May 20201 May 2020 In January 2020, Jacovetti Law, P.C., a law firm in Pennsylvania, filed a lawsuit against prolific TCPA filer, Blake Shelton, and his company Final Verdict Solutions, for allegedly inducing companies…
Uncategorized Another Stay Granted Pending Supreme Court TCPA Decision 30 Apr 2020 Today, the federal court for the Southern District of Florida dropped a paperless order in Doyle v. Florida Health Solution, Corp. 1:19-cv-24013-DPG. The Defendant filed a motion to dismiss or…
Uncategorized 4/20 Ruling: Marketer Can Be Liable For Dispensarys’ TCPA Violations 24 Apr 202027 Apr 2020 On April 20, 2020, the Northern California district court ruled on corporate awareness, corporate parenthood, and tcpa compliance for cannabis. The rulings, and the opinion's timing, has nothing to do…
Uncategorized RICO Claim Update: Navient Beats the Lohman Law Firm Again–Court Determines Crime/Fraud Exception Permits Disclosure 23 Apr 202027 Apr 2020 The saga builds! To summarize our previous coverage: Navient has turned the tables and sued a plaintiff firm – The Lohman law firm - for allegedly coaching clients to bilk…
Uncategorized Chase Scores $250,000 Against TCPA Plaintiff Firm 22 Apr 202023 Apr 2020 Chase Bank has marked its territory in TCPAWorld.com! Last year, Chase was sued in New Jersey for alleged auto-dialer violations. Chase answered by asserting an unclean hands defense. Chase pursued…
Uncategorized No Constitutional Relief: Court Refuses to Reduce $267 Million Award on Due Process Grounds; Awards $89 million in attorney’s fees 20 Apr 202023 Apr 2020 Last year a $267 million dollar judgment was entered in Perez v. Rash Curtis & Assocs., Case No. 4:16-cv-03396-YGR, 2020 U.S. Dist. LEXIS 68161, (N.D. Cal. April 17, 2020) against…
Uncategorized Ugly TCPA Conspiracy Case Cleansed – Bye Counterclaims 7 Apr 202014 Apr 2020 One year ago, Plaintiff Navient - a student loan and collection company - flipped a switch and sued copious plaintiff-lawyers in the case Navient v. Law Offices of Jeffrey Lohman. Navient…
Uncategorized Dismissed! 5 Texts in Violation of TCPA Don’t Convey Standing 1 Apr 20201 Apr 2020 Five unauthorized texts over three months are not a concrete injury in fact. This justice flourish just cropped up in the Southern District of Florida, and has sharpened TCPAWorld’s contours. …
Uncategorized Financial Associations Seek FCC To Exempt Their Covid-19 Related Communications From the TCPA 31 Mar 202021 Apr 2020 FCC regulations implementing the TCPA provide that the Emergency Purposes Exception exempts “calls made necessary in any situation affecting the health and safety of consumers.” On March 20, 2020, the…
Uncategorized Court Holds Defendants Papers Did Not Earn a Stay Pending SCOTUS TCPA Review 25 Mar 202021 Apr 2020 In re Midland Credit Mgmt., Case No. 11-md-2286-MMA (MDD), 2020 U.S. Dist. LEXIS 49091 (S.D. Cal. March 18, 2020) originated in 2011. A lead class action member and several dozen…
Uncategorized 4th Try’s a Charm: 11th Circuit Reverses Dismissal of Pro Se’s Third Amended Complaint 17 Mar 202017 Mar 2020 In Dressler v. Equifax, Inc. 2020 U.S. App. LEXIS 8194, the Eleventh Circuit Court reviewed a district court’s decision to dismiss a Pro Se Plaintiff’s third amended complaint. For the…
Uncategorized Coronavirus Has its First Impact on TCPAWorld 10 Mar 202011 Mar 2020 New York State's legislation that deems unsolicited telemarketing calls during a state of emergency unlawful, has officially just kicked in. New York's governor Andrew Cuomo, has declared a state of…
Legislation NY TELEMARKETING LAW GOES INTO EFFECT: HUGE FINES TO CLOSE A LOOPHOLE THAT DOESN’T EXIST 6 Mar 20206 Mar 2020 On March 1, New York’s Nuisance Call Act went into effect (full text available HERE). The Act requires live telemarketers to give call recipients the option to be added to…
Uncategorized Docket Surprise: Court Sua Sponte Questions TCPA Class’ Standing Because it Includes Single-Text Recipients 25 Feb 202022 Mar 2020 In Drazen v. Godaddy.com, LLC, CIVIL ACTION: 1:19-00563-KD-B, 2020 U.S. Dist. LEXIS 29995 (S.D. Ala. Feb. 21, 2020) the Plaintiffs filed an unopposed motion for TCPA class settlement and certification…
Uncategorized $4,000,000, Not Enough!: District Court Denies Final Approval for TCPA Class Settlement 20 Feb 202021 Feb 2020 In 2017, Flagship Credit Acceptance LLC, was sued by Robert Ward on behalf of a class, for purported TCPA ATDS violations. They achieved a settlement. The court granted preliminary approval…
Uncategorized Missouri Court Grants Summary Judgment, Eschewing Marks 12 Feb 202015 Feb 2020 In Beal v. Outfield Brew House, 2020 U.S. Dist. LEXIS 22487, Defendant Brew House moved for summary judgment against Plaintiff's claim that it violated the TCPA’s ATDS provision. Brew House,…
Uncategorized 7th Circuit Bolsters TCPA Wireless Carrier Exemption: Affirms Subway Not Liable for T-Mobile’s Text 6 Feb 2020 In 2016, a plaintiff filed suit against Subway over a text message for a free sandwich, sent to him by his wireless carrier, T-Mobile. The text read: “This T-Mobile Tuesday,…
Uncategorized Motion to Dismiss Denied: ATDS Allegations About Impersonal Text Messages Sufficient 31 Jan 2020 In Derrick Virgne v. C.R. Eng., No. 1:19-cv-02011-SEB-MJD, 2020 U.S. Dist. LEXIS 14977 (S.D. Ind. Jan. 28, 2020) the Plaintiff alleged he inquired about the Defendant’s services, and then received…
Uncategorized Glasser Leaves Pre-recorded Call Claims and DNC Claims Very Much Alive 29 Jan 202029 Jan 2020 As we broke the news, Glasser held in a 2-1 decision in favor of the Defense, defining an ATDS as: equipment that (1) stores telephone numbers using a random or…
Uncategorized Evidence Preservation is Not Optional: TCPA Plaintiffs Score Sanctions 24 Jan 202020 Apr 2020 TCPA class actions have a lot of moving parts and there a number of things that a Defendant must keep in mind to properly defend these suits and assure themselves…
Uncategorized Big Win: Class Certification and Discovery Preempted 16 Jan 2020 As you may know, you can affirmatively move to deny class certification—you don't need to wait to respond to a Plaintiff’s certification motion. Not a common tool, but we love…
Uncategorized Another TCPA Fax Class Certified 15 Jan 2020 Well this feels ancient. Both because this case is about fax machines, and this was decided pre-SCOTUS agreeing to review the TCPA. Another TCPA fax class was certified in Retina…
Uncategorized Illinois District Court Grants Summary Judgment For Lack of Personal Jurisdiction 15 Jan 202015 Jan 2020 In an Illinois district court, one Illinois, and another New Jersey resident filed a TCPA class action against IDT Energy, Inc. in Mackey v. IDT Energy, seeking to represent two…
Uncategorized Timing is Everything: Here is the Timetable for the Big SCOTUS TCPA Review and the TRACED Act Roll Out 14 Jan 202015 Jan 2020 The bi-partisan TRACED Act became law last year December 30, 2019, in a pre-SCOTUS’ TCPA review world. The TRACED Act makes various changes to the TCPA primarily to enhance enforcement,…
Uncategorized $2,400,000 TCPA Settlement Granted Final Approval, $92 to Each Class Member 8 Jan 2020 In 2015, Plaintiff Saber Ahmed filed a class action against HSBC Bank USA, N.A. for violations of the TCPA. In 2017, another Plaintiff, John Monteleone, joined and a First Amended…
Uncategorized District Court Stays Action Pending FCC and 11th Circuit Rulings 6 Jan 20207 Jan 2020 For a case that “turns in part on what constitutes an automatic telephone dialing system (“ATDS”) under the TCPA” “to conserve the parties’ and judicial resources” the Honorable Judge Cecilia…
Uncategorized She Can Infer ATDS Claims, But Her FDCPA-Name Claim Fell Short 6 Jan 2020 A TCPA claim for an ATDS violation cannot be a bare conclusion. On the other hand, you don't need to plead specific technical detail. Rather, a plaintiff only needs to…
Uncategorized Plaintiff Slips Arbitration, With Declaration 3 Jan 2020 You can be bound to a contract you don't sign. For example, companies frequently enforce arbitration agreements on non-signatories, if the non-signatory benefited from the contract. How about a situation…
Uncategorized If You Don’t Answer, You Lose 2 Jan 202022 Mar 2020 My colleague recently covered a serial TCPA plaintiff who won a sizable judgment after the Defendant failed to respond to his Motion for Summary Judgment. Along the same lines, in…
