TCPAWorld

A fairly great win out of the Central District of California with Bustillos v. W. Covina Corporate Fitness, Case No.: 2:21-cv-04433-SB-AFM. As a quick background, a former gym member whose…

Uncategorized

Nope! The COVID-19 Emergency Exception Applies. Texas Judge Recommends Dismissal of Single-Text TCPA Claim

8 Mar 20228 Mar 2022

On October 20, 2021, the Tarrant County Hospital District texted a man in Richardson, Texas that “everyone ages 12 and up is eligible for the COVID vaccine.” Because the man…

Uncategorized

REVERSED! Tenth Circuit Holds That There IS Jurisdiction in Colorado Over A Florida Company That Made Calls to a Vermont Phone Number.

18 Jan 2022

Can calls by a Florida company to a Vermont phone number subject that Florida company to a nationwide class action in Colorado? Yes, according to the Tenth Circuit’s recent decision…

Uncategorized

ANOTHER ONE FOR THE DISCOVERY BOOKS: Court Limits Scope of 30(b)(6) Deposition in Class Action to Plaintiff’s Claims

17 Dec 2021

A bit of deposition drama in the Northern District of California recently. In Kinzer v. Lifeaid Bev. Co., No. 21-cv-05589-EJD (VKD), 2021 U.S. Dist. LEXIS 237052 (N.D. Cal. Dec. 9,…

Class Actions…

What? No Sampling!?

15 Dec 2021

Oof. Another defendant hit with an order compelling it to produce a HUGE amount of data. Such is the sad state of affairs as delineated in Bustillos v. W. Covina…

Arbitration Compelled! Court (Again) Rejects Claim that Party Did not Agree to Arbitration Because, Well, the Party DID Agree to Arbitration!

3 Nov 2021

The Federal Arbitration Act has been around for almost 100 years. It requires courts to “rigorously enforce” arbitration agreements—on equal footing as any other contract. Yet parties often try to…

Uncategorized

NO EVIDENCE PRECLUSION HERE: Court Allows Late Submission of Critical Evidence (But Isn’t Happy About It)

22 Sep 2021

We have a cautionary tale for you today, TCPAWorld! In Foster v. Nat'l Recovery Agency, No. 17-CV-6-LJV-HKS, 2021 U.S. Dist. LEXIS 176717 (W.D.N.Y. Sep. 16, 2021), Plaintiff Harry Foster sued…

ATDS/Predictive Dialer Cases

Court Soundly REJECTS Footnote 7 In Clearest Argument Yet!!

13 Sep 202113 Sep 2021

In Facebook, the Court rejected the Ninth Circuit's expansive understanding of what constitutes an automatic telephone dialing system or autodialer. But ambitious TCPA lawyers keep trying to chip away at…

Class Actions…

BAIS YAAKOV IS BACK, BABY! AND IT BRINGS GIFTS: First Circuit determines a fail-safe class is uncertifiable.

12 Sep 2021

That’s right – Bais Yaakov is back, baby! And it’s brought gifts. You might recall Bais Yaakov – the private high school we’ve previously blogged about on more than a…

ATDS/Predictive Dialer Cases…

THE WINS KEEP COMING! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

2 Sep 2021

Well TCPAWorld, we have another great post-Facebook case for you. Franco v. Alorica Inc., No. 2:20-CV-05035-DOC-(KESx), 2021 U.S. Dist. LEXIS 164438 (C.D. Cal. July 27, 2021) used the Supreme Court’s…

Class Actions

Motion to Dismiss DENIED! Cell Phones Can Be Residential Numbers for DNC Claims

31 Aug 202131 Aug 2021

Facing a TCPA class action, it is tempting to try anything and everything to defeat the case on the pleadings. And, of course, there are sometimes ways to do so.…

ATDS/Human Intervention…

Six BIG Takeaways from New York’s Recently Amended Telemarketing Law!

26 Aug 2021

For obvious reasons, the TCPAWorld focuses on the TCPA. But there are similar State laws out there that can cause massive headaches for businesses. We like to cover those too.…

Class Actions…

TCPAWorld’s Own Dr. Evil?: Inventor of TCPA Lawsuit Manufacturing App Gathers Massive Amounts of Data Scraped from Porch Website—Now Claims Company Owes Plaintiffs $10 Billion Dollars

20 Aug 202123 Aug 2021

Editor's Note: Sara is the newest member of the powerful TCPAWorld team. Licensed in three states and with a decade of complex litigation experience under her belt our new Marcioness…

ATDS/Predictive Dialer Cases…

A Win and a Loss (but Mostly a Win!) Court Grants Motion to Dismiss on Vicarious Liability Theory

18 Aug 202118 Aug 2021

Earlier this week, a court in New Jersey handed green energy company, Suntuity, a win and a loss on its motion to dismiss. The case is about a putative nationwide…

Uncategorized

ANOTHER ATDS PLEADING SURVIVES: Arizona Court Finds ATDS Allegations “Plausible” (And Reminds Us Offers to Buy Aren’t Solicitations)

3 Aug 2021

Big news (both good and bad) out of Arizona this past week as the District Court: reinforced a Plaintiff’s relatively low pleading standard in alleging whether a Defendant used an…

Class Actions

Trouble for TCPA Plaintiffs in Baton Rouge–Court Denies Class Certification, Twice!

29 Jun 2021

There are some useful takeaways for class action litigators from a recent decision out of the Middle District of Louisiana. Taylor Carroll Sgs Auto. Servs., CIVIL ACTION 16-537-SDD-RLB, 2021 U.S.…

Class Actions

Plaintiff Cannot Dodge Arbitration Agreement Where He Used Credit Card After Receiving Terms

22 Jun 202122 Jun 2021

Enforcing an arbitration clause is not always easy. For instance, a court recently denied defendant's motion to compel arbitration where the plaintiff swore he never visited the defendant's website. While the…

New Class of TCPA Damages or An Aberration!? Court Holds Defendant Liable For Failure to Produce Internal DNC Policy “Upon Demand”

17 Jun 2021

Congress enacted the TCPA because it "was broadly concerned about intrusive telemarketing practices." Facebook, Inc. v. Duguid, 141 S. Ct. 1163, 11729 (2021). And the statute allows $500 in damages…

Uncategorized

No Jurisdiction! Florida Company Defeats Massachusetts’ Litigant’s Sprawling TCPA Lawsuit On Personal Jurisdiction Grounds

7 Jun 20217 Jun 2021

Patrick Michaud sued a Florida home improvement company and a salesperson in Middlesex Superior Court, Massachusetts. He asserted various TCPA and state-law equivalent claims. The Defendants moved the case to…

ATDS/Predictive Dialer Cases

Predictive Dialer NOT ATDS After Facebook! In Huge Post-Facebook Ruling Court GRANTS Defendant Summary Judgment, But Will Other Courts Follow?

1 Jun 20212 Jun 2021

As we've covered, earlier this year a unanimous Supreme Court held that the TCPA means what it says: for equipment to qualify as an ATDS, the TCPA "requires that in…

ATDS/Predictive Dialer Cases

No Authority! Insurance Company Obtains Dismissal of TCPA Claim for Lack of Agency With Alleged ATDS Calls

18 May 202118 May 2021

Under the TCPA, liability attaches to the party who makes the call. Easy enough. But it goes further than that. The FCC has interpreted the TCPA to reach sellers who…

Class Actions…

Stunning Decision from West Virginia: Common Carriers Can Be Liable for TCPA Violations on Their Network

3 May 20215 May 2021

Platforms, carriers, and anyone else worried about TCPA liability should pay close attention to a recent decision out of West Virginia. Daina Mey sued several common carriers--including CenturyLink and Level…

Class Actions

No Coverage for Common Law Claims “Arising Out Of” Alleged TCPA Violations

26 Apr 2021

TCPA lawsuits are expensive. So when Colorado company Mesa Laboratories, Inc. faced a class action for its unsolicited faxes promoting dental-industry-related services, it turned to its insurance company for coverage.…

Hawaii School Sued for Calls to A Parent!

19 Apr 202119 Apr 2021

No institute is safe from TCPA lawsuits--not even a school. Proceeding pro se, an Oklahoma-resident plaintiff, John Anthony Guadnola, sued the Waialua High and Intermediate School for calls concerning his…

Class Actions

Court Dismisses Nationwide TCPA Class Action as Not Plausible–Even with Defendants Facing Wire Fraud Charges for Millions of RoboCalls!

12 Apr 2021

A plaintiff must allege his injury with some plausibility to move forward with TCPA claims, even for claims against a TCPA scofflaw. That is the lesson from a recent opinion…

Class Actions

Court Stays Within the Four Corners–No Dismissal Despite Compelling Evidence of Consent

5 Apr 2021

As law students learn during their first civil procedure course, courts generally take factual allegations "as true." This gives the plaintiff "a full opportunity to conduct discovery and thereby uncover…

Uncategorized

Justice Alito’s Concurrence in Facebook–Context Matters!

2 Apr 20212 Apr 2021

As my colleague (the Grand Duchess of the TCPAWorld) explains in an excellent post commenting on the Facebook v. Duguid decision--When in Doubt, Begin with the Text. She is, of course,…

Uncategorized

Repeat TCPA Litigant Loses Because Court Lacks Jurisdiction in the Lone Star State

29 Mar 2021

"Everything is bigger in Texas," is not true for specific jurisdiction. For that, at least, Texas is no different. A Texas court's exercise of jurisdiction must comport with "due process." …

Congressional Action

Court Confirms: No Private Right of Action for “Spoofing”

24 Mar 202125 Mar 2021

The TCPA's complex patchwork of statutes and regulations is brimming with private causes of action for the injured (or enterprising) plaintiff. But not every violation provides a remedy, as a…

Uncategorized

7th Circuit Court of Appeals Rejects Insured’s Attempt to Use Broad Duty to Defend Standard to End Run Coverage Exclusions

17 Mar 2021

Zurich Am. Ins. Co. v. Ocwen Fin. Corp. (“Ocwen”), presents yet another example of why companies facing potential robo-call liability need more than Commercial General Liability Coverage to protect them…

Class Actions…

Junk Fax Class Action Survives Dismissal–Leaves Critical First Amendment Issues for Another Day

15 Mar 202115 Mar 2021

Sometimes what the Court does not address is the most interesting issue in an opinion. That's the case we are covering today. Scoma v. National Spine & Pain Centers, LLC,…

Class Actions…

Pharmacy Obtains Dismissal of TCPA Class Under Emergency Exception For Communicating COVID-19 Procedures

8 Mar 202115 Mar 2021

The TCPA does not prohibit all calls or texts. Among other exceptions, it carves out calls or texts made for an emergency purpose. The FCC has determined that Congress intended…

ATDS/Predictive Dialer Cases…

Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient

2 Mar 2021

Facing a nationwide TCPA class action for calls allegedly made using an ATDS, DirecTV sought partial dismissal on multiple grounds: (1) the lack of personal jurisdiction over certain named plaintiffs;…

ATDS/Predictive Dialer Cases

No Summary Judgment on ATDS Allegations, Despite Glasser

16 Feb 202116 Feb 2021

As we've covered extensively, the Eleventh Circuit's ruling in Glasser provided a helpful victory for TCPA defendants facing ATDS claims. The decision holds that the TCPA only applies to ATDS…

TCPA Discovery

TCPA Win! Calls made more than four years before case filed dismissed as untimely

8 Feb 2021

Today we report on a defense victory against a pro se TCPA plaintiff in Kentucky. See Miller v. I.C. Sys., No. 1:19-CV-00102-GNS-HBB, 2021 U.S. Dist. LEXIS 214012 (D. Ken. Feb. 4,…

TCPA Discovery

Procedural Win! Another Court Bifurcates Discovery in a TCPA Class Action

22 Jan 2021

How best to secure the "just, speedy, and inexpensive determination of every action"? A good place to start is with discovery. A recent decision from a District Court in Maryland…

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NO GOLD STAR HERE: Federal Court Denies Class Certification Based on Atypicality

Nope! The COVID-19 Emergency Exception Applies. Texas Judge Recommends Dismissal of Single-Text TCPA Claim

REVERSED! Tenth Circuit Holds That There IS Jurisdiction in Colorado Over A Florida Company That Made Calls to a Vermont Phone Number.

ANOTHER ONE FOR THE DISCOVERY BOOKS: Court Limits Scope of 30(b)(6) Deposition in Class Action to Plaintiff’s Claims

What? No Sampling!?

Arbitration Compelled! Court (Again) Rejects Claim that Party Did not Agree to Arbitration Because, Well, the Party DID Agree to Arbitration!

NO EVIDENCE PRECLUSION HERE: Court Allows Late Submission of Critical Evidence (But Isn’t Happy About It)

Court Soundly REJECTS Footnote 7 In Clearest Argument Yet!!

THE WINS KEEP COMING! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

Motion to Dismiss DENIED! Cell Phones Can Be Residential Numbers for DNC Claims

Six BIG Takeaways from New York’s Recently Amended Telemarketing Law!

TCPAWorld’s Own Dr. Evil?: Inventor of TCPA Lawsuit Manufacturing App Gathers Massive Amounts of Data Scraped from Porch Website—Now Claims Company Owes Plaintiffs $10 Billion Dollars

A Win and a Loss (but Mostly a Win!) Court Grants Motion to Dismiss on Vicarious Liability Theory

ANOTHER ATDS PLEADING SURVIVES: Arizona Court Finds ATDS Allegations “Plausible” (And Reminds Us Offers to Buy Aren’t Solicitations)

Trouble for TCPA Plaintiffs in Baton Rouge–Court Denies Class Certification, Twice!

Plaintiff Cannot Dodge Arbitration Agreement Where He Used Credit Card After Receiving Terms

New Class of TCPA Damages or An Aberration!? Court Holds Defendant Liable For Failure to Produce Internal DNC Policy “Upon Demand”

No Jurisdiction! Florida Company Defeats Massachusetts’ Litigant’s Sprawling TCPA Lawsuit On Personal Jurisdiction Grounds

Predictive Dialer NOT ATDS After Facebook! In Huge Post-Facebook Ruling Court GRANTS Defendant Summary Judgment, But Will Other Courts Follow?

No Authority! Insurance Company Obtains Dismissal of TCPA Claim for Lack of Agency With Alleged ATDS Calls

Stunning Decision from West Virginia: Common Carriers Can Be Liable for TCPA Violations on Their Network

No Coverage for Common Law Claims “Arising Out Of” Alleged TCPA Violations

Hawaii School Sued for Calls to A Parent!

Court Dismisses Nationwide TCPA Class Action as Not Plausible–Even with Defendants Facing Wire Fraud Charges for Millions of RoboCalls!

Court Stays Within the Four Corners–No Dismissal Despite Compelling Evidence of Consent

Justice Alito’s Concurrence in Facebook–Context Matters!

Repeat TCPA Litigant Loses Because Court Lacks Jurisdiction in the Lone Star State

Court Confirms: No Private Right of Action for “Spoofing”

7th Circuit Court of Appeals Rejects Insured’s Attempt to Use Broad Duty to Defend Standard to End Run Coverage Exclusions

Junk Fax Class Action Survives Dismissal–Leaves Critical First Amendment Issues for Another Day

Pharmacy Obtains Dismissal of TCPA Class Under Emergency Exception For Communicating COVID-19 Procedures

Partial Win for Company Facing Nationwide ATDS Class Action: Court cannot Exercise Personal Jurisdiction Over Out-of-State Named Plaintiffs, but Arbitration Clause “Unconscionable” and ATDS Allegations Sufficient

No Summary Judgment on ATDS Allegations, Despite Glasser

TCPA Win! Calls made more than four years before case filed dismissed as untimely

Procedural Win! Another Court Bifurcates Discovery in a TCPA Class Action