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Author: Amy Brown Doolittle

Amy Doolittle co-leads the Squire Patton Boggs Class Action & Multidistrict Litigation Practice and serves as a member of the firm’s Global Board. She has extensive experience in product liability and mass tort matters, financial services litigation, consumer and commercial arbitrations, class actions and MDL proceedings. Amy has represented clients in high-stakes litigation proceedings across a wide array of industries, from pharmaceutical and chemical companies to financial services and insurance companies. Amy has argued in front of various state and federal trial courts and courts of appeal. Amy is the author of “Class Actions 101: Overdraft Fee Litigation: The Only Certainty is that Nothing is Certain” published in the Spring 2011 issue of CADS Report, an American Bar Association publication. She is co-author of “Out of the Frying Pan and Into the Fire: Class Arbitration From the Defense Perspective” and spoke on “Classwide Arbitration: Fiction, Reality Or Nightmare?” at the American Bar Association Tort Trial & Insurance Practice Section’s 2007 conference, “The Future of Class Action Litigation in America.”
Uncategorized

Another Court Finds No ATDS If Dialing from a Curated List

21 Dec 2021
Last week, yet another California federal court found that following the Supreme Court’s decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), equipment that dials from a curated…
Uncategorized

Second Circuit Puts Final Nail in the Solicited Fax Rule Coffin

6 Dec 2021
At the end of last week, the Second Circuit—in a 2-1 decision—held that the D.C. Circuit’s decision in Bais Yaakov of Spring Valley v. Fed. Commc’ns Comm’n, 852 F.3d 1078…
Uncategorized

Ninth Circuit Weighs In On When To Challenge Personal Jurisdiction Over Claims of Absent Class Members

11 Aug 2021
Yesterday, in line with holdings from the Fifth and DC Circuits, the Ninth Circuit held in Moser v. Benefytt, Inc., 2021 U.S. App. LEXIS 23661 (9th Cir. Aug. 10, 2021),…
Uncategorized

Mixed-Bag Ruling Results in Vicarious Liability Claims Surviving

23 Jun 2021
A recent ruling out of the Southern District of Florida brings some good news and some bad news for TCPA defendants.  See Hossfeld v. Am. Fin. Sec. Life Ins. Co.,…
Uncategorized

When in Doubt, Begin with the Text

1 Apr 2021
These days, it is not very often that we see a 9-0 decision from the U.S. Supreme Court.  But assuming the Court is not playing an April Fool’s joke, today…
Uncategorized

Two Is Not Always Better Than One – Court Dismisses TCPA Class Action Under First-to-File Doctrine

16 Mar 2021
If you are a defendant in a TCPA class action and get hit with a second similar class action, don’t forget the often over-looked first-to-file doctrine.  Just last week, a…
Uncategorized

FACEBOOK WATCH 2021: No Ruling Today

8 Mar 2021
Today was another opinion day at the Supreme Court and likely the only one this week, but there was no ruling in Facebook v. Duguid. There was one opinion today,…
Uncategorized

FACEBOOK WATCH 2021: No Ruling Today

4 Mar 20215 Mar 2021
Today was an opinion day at the Supreme Court so we here at TCPAWorld were carefully watching the Court’s release of opinions this morning.  While we had two opinions today,…
Uncategorized

Tell it to the Arbitrator: Unconscionability Challenge to Arbitration Agreement for Arbitrator to Decide

22 Feb 2021
Last week, another federal court compelled arbitration in a TCPA case finding that pursuant to the arbitration agreement’s delegation clause, any claims that the arbitration agreement is unconscionable must be…
Uncategorized

Is the Pendulum Swinging the Other Way?  Court Finds TCPA Claims Viable Prior to Severance of Government Backed Debt Exemption by Supreme Court

14 Jan 2021
As the Czar reported in late December (here), the plaintiffs’ bar had evened the score (3-3) with two recent decisions finding that the TCPA was constitutional as applied to calls…
Uncategorized

Court Dismisses Repeat Player’s 17-Count Complaint for Failure to State a Claim

11 Jan 2021
Sometimes more is just more.  In Worsham v. Disc. Power, 2021 U.S. Dist. LEXIS 1931 (D. Md. Jan. 6, 2021), plaintiff brought a 17-count complaint against defendant under the TCPA…
Uncategorized

Court Gives Chevron Deference to FCC Amerifactors Ruling and Modifies Class Definition in Junk Fax Case

26 Aug 2020
The FCC’s ruling in In Re Amerifactors Fin. Grp., LLC, Decl. Ruling, CG Docket No. 02-278, CG Docket No. 05-338, DA 19-1247, 34 FCC Rcd 11950 (FCC Dec. 9, 2019)…
Uncategorized

A Stay Pending Duguid Benefits All

21 Aug 202024 Aug 2020
As we wrote last week, the Squire Patton Boggs TCPA team earned the first opposed order in the nation staying a TCPA case pending Duguid. Obviously it was not going to be…
Uncategorized

Simply Alleging Agency Relationship Doesn’t Make It So: Court Dismisses Defendants for Lack of Personal Jurisdiction

11 Jun 2020
In Shanahan v. Nat’l Auto Prot. Corp., 2020 U.S. Dist. LEXIS 101031 (N.D. Ill. June 9, 2020), the court dismissed three defendants for lack of personal jurisdiction, rejecting plaintiff’s conclusory…
Uncategorized

Court Refuses to Enforce “Time-Traveling” Arbitration Clause

21 May 202022 May 2020
Earlier this week, in Murray v. Grocery Delivery E-Services United States, CIVIL ACTION NO. 19-12608-WGY, 2020 U.S. Dist. LEXIS 87805 (D. Mass. May 19, 2020), a district court in Massachusetts…
Uncategorized

Seventh Circuit Joins Other Circuits In Finding FCRA Does NOT Require CRAs to Resolve Legal Defenses to Debt

13 May 2020
In Denan v. Trans Union LLC, 2020 U.S. App. LEXIS 14930 (7th Cir. May 11, 2020), the Seventh Circuit joined the First, Ninth and Tenth Circuits in holding that the…
FCRA

[FCRA] A Bridge Too Far: Ninth Circuit Rejects Former Employee’s “Novel” Interpretation of the FCRA

28 Apr 2020
Last week, in Luna v. Hansen & Adkins Auto Transp., Inc., 2020 U.S. App. LEXIS 13215  (9th Cir. Apr. 24, 2020), the Ninth Circuit rejected a former employee’s argument that…
FCRA

[FCRA] Creditors Walk a Fine Line When Communicating With a Debtor During and After Bankruptcy

22 Apr 2020
EDITOR’S NOTE: SQUIRE PATTON BOGGS WILL SOON BE LAUNCHING A NEW FAST-PACED AND EXCITING BLOG EXPANDING BEYOND TCPA TO SHOWCASE ITS TREMENDOUS DEPTH IN ISSUES OF FCRA, BIPA, CCPA AND…
Uncategorized

The Importance of Reasonable Procedures: After Finding Article III Standing, Court Dismisses FCRA Claim

16 Apr 2020
While not a TCPA case, we at TCPAWorld know that FCRA cases are close cousins to TCPA cases when it comes to challenging standing.  In Davis v. Carrington Mortg. Servs.,…
Uncategorized

Pennsylvania TCPA Class Action Results in a Mixed Bag on Personal Jurisdiction Issues

14 Apr 202014 Apr 2020
Last week, in Ford v. Ushealth Grp., Inc., 3:19-cv-01091, 2020 U.S. Dist. LEXIS 63040 (M.D. Pa. Apr. 10, 2020), a Pennsylvania district court issued a mixed ruling in a TCPA…
Uncategorized

Arbitration? Court says not so fast.

18 Mar 2020
Earlier this week, in Card v. Wells Fargo, 2020 U.S. Dist. LEXIS 45117 (D. Or. March 16, 2020), relying on Section 4 of the Federal Arbitration Act, the court deferred ruling on…
Uncategorized

Taking the Procedural Way Out: DC Circuit Dodges Substantive Question of Whether Bristol-Myers Squibb Applies to Rule 23 Class Actions

10 Mar 2020
While not a Telephone Consumer Protection Act ("TCPA") case, the DC Circuit’s 2-1 decision today in Molock v. Whole Foods Market Group, Inc., No. 18-7162, may impact TCPA class actions.…
Class Actions

When In Doubt, Wait for Clarity: Another Court Stays a TCPA Case Pending Supreme Court’s Review of Constitutionality of TCPA

26 Feb 202027 Feb 2020
As the Czar just explained yesterday, the big SCOTUS TCPA review is likely to have profound impact on the scope of the TCPA--and possibly our freedom to speak more broadly. Following…
Uncategorized

Motion to Strike Granted: Plaintiff’s Individual TCPA Claim May Proceed But Class TCPA Claims Are Dismissed

3 Oct 20197 Oct 2019
Earlier this week, in Whittum v. Acceptance, 2019 U.S. Dist. LEXIS 167990 (D. Nev. Sept. 30, 2019), the court granted in part and denied in part a defendant’s motion to…
Arbitration…

Past Conduct Subject to Arbitration: TCPA Claim Compelled to Arbitration Even Where Calls Pre-Dated Arbitration Clause

19 Aug 201920 Aug 2019
TCPA cases are commonly compelled to arbitration so a ruling enforcing an arbitration provision in a TCPA suit is hardly noteworthy these days. Nonetheless a ruling out of the Southern…
Class Actions…

SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

19 Aug 201920 Aug 2019
On August 14, 2019, the Southern District of New York became the latest court to deny class certification in a “wrong number” case, finding that any common issues regarding how…
Uncategorized

Lose the Battle; Win the War – After Denying Summary Judgment, Court Grants Motion to Strike Class Allegations

22 Jul 2019
Sometimes losing summary judgment comes with a silver lining.  Last August, the court in Tillman v. Hertz Corp., 2018 U.S. Dist. LEXIS 147945 (N.D. Ill. Aug. 29, 2018) denied defendant’s…
Class Actions

That’s A Wrap: Court Grants Final Approval to Text Message TCPA Class Action Settlement

1 Jul 20193 Jul 2019
On June 27, 2019, the Southern District of Florida granted final approval to a class action settlement in Mohamed v. Off Lease Only, Case No. 15-cv-23352-Civ-COOKE/LOUIS, 2019 U.S. Dist. LEXIS…
Uncategorized

Always Locked In: No Unilateral Revocation of Bargained-For Consent

31 May 20193 Jun 2019
Can a party who contractually consents to receive autodialed calls from another party to his cellular telephone number change his mind and revoke such consent?  No, said a Florida magistrate…
Uncategorized

Petitioners Seek Reconsideration of Aspects of FCC Order Establishing Reassigned Numbers Database: What Does This Mean for the Substance and Timing of the Database?

1 May 20192 May 2019
On April 25, 2019, two petitions were filed with the FCC seeking reconsideration of certain aspects of the Commission’s Second Report and Order Adopted December 12, 2018, which established a…
Uncategorized

Royal Certification: Court Throws Shade on Consent Evidence and Certifies Class against Cruise Company

5 Apr 20195 Apr 2019
How do you prove consent in a TCPA case?  According to one recent decision, when consent is asserted to defeat class certification, a defendant must “actually produce evidence which shows…
Class Actions…

It’s a Long Way Down the Holiday Road – Court Certifies State (But Not Nationwide) Class Against Cruise Line in TCPA Case

26 Mar 201927 Mar 2019
Last week brought another decision from the Northern District of Illinois holding that Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), applies to class actions…
Uncategorized

Yes, You Can Get Your Arbitration Agreement Enforced in the Eleventh Circuit (Probably)

14 Mar 201915 Mar 2019
A broad arbitration agreement, drafted with TCPA claims in mind, will be enforced – even in the Eleventh Circuit. In Fialek v. I.C. Sys.,2019 U.S. Dist. LEXIS 39770 (M.D. Fla.…
Class Actions

Out of the Frying Pan: Plaintiff’s Certification Bid Goes from Bad to Worse When Reconsideration Papers Only Highlight More Sound Reasons to Deny Certification

4 Mar 20197 Mar 2019
Sometimes the best motion is the one you don’t file. One putative TCPA class representative found that lesson out the hard way. In Powell v. Youfit Health Clubs LLC, Case…

Eric’s Thought of the Day

Picture day!

I wonder what I’ll wear.

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