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Uncategorized

[FCRA] Garry –Alleged Identity Theft Results in Denial of Motion to Compel Arbitration of FCRA Claim

18 Apr 202019 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

[FCRA] Booyah: Court Holds CRAs Do Not Need to Confirm Legality of Accounts in Response to a Consumer Dispute

18 Apr 202019 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

[FCRA] Hassel – A Defense Roadmap for Furnisher Victory

17 Apr 202018 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…
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

Give the details! Court strikes “threadbare” affirmative defense

16 Apr 202017 Apr 2020
On Tuesday in McGinity v. USAA Fed. Sav. Bank, No. 5:19-cv-560-BO, 2020 U.S. Dist. LEXIS 65133 (E.D. N.C. April 14, 2020), a North Carolina district court struck a defendant's mitigation…
Uncategorized

[FCRA] No Solace for the Solis’s: Empty FCRA Allegation Ends in Dismissal

14 Apr 202014 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

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

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…
Officer/Director Liability

It’s a No Go for Vendor “Doe” in Seeking Insurance Coverage for a TCPA Claim

2 Apr 2020
Companies that bring marketing campaigns using unsolicited faxes tend to end up in putative class actions under the Telephone Consumer Protection Act ("TCPA").  Many companies use vendors to design and…
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

INSURANCE UPDATE: TCPA Coverage Denied Again

1 Apr 20201 Apr 2020
When a company gets sued for unsolicited faxing under the Telephone Consumer Protection Act ("TCPA") they turn to their insurance companies for defense and ultimately indemnification for the law suit.…
Uncategorized

Another Motion to Dismiss Denied: ATDS Allegations For Unwanted Text Messages Sufficient at Pleading Stage

31 Mar 2020
A text message is considered a call under the TCPA. And to state a valid TCPA claim, the plaintiff must show that the equipment or system used to send the…
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

TCPA Loss Leads to Trouble for Lawyer: Federal Judge Sanctions Counsel for Missing Deadlines, Dishonesty

31 Mar 202031 Mar 2020
Occasional TCPA defense lawyer Joshua Thomas recently received an expensive sanction and public reprimand from a United States District Judge in Pennsylvania.  Without explanation or reason, Mr. Thomas failed to file his clients' corporate…
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

Consumer cannot avoid arbitration by suing "DOE" Defendants

24 Mar 2020
Last week in Gonzales v. Credit One Bank, N.A., No. 19-cv-00733-DAD-BAM, 2020 U.S. Dist. LEXIS 46236 (E.D. Cal. March 17, 2020), the court compelled arbitration of a plaintiff's TCPA lawsuit…
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

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

Seventh Circuit Court of Appeals Found Bristol-Myers Not Applicable to Rule 23 Class Actions

11 Mar 202012 Mar 2020
Earlier today the Czar brought us with the breaking news that the Seventh Circuit Court of Appeals determined that the Supreme Court’s Bristol-Myers decision does not apply to Rule 23…
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…
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.…

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

Watch Out: Responding to RFA Matters More Than What You May Think, Even After Close of Discovery

5 Mar 20205 Mar 2020
I previously reported on a “serial plaintiff” Mr. Shelton’s victory in a TCPA action, not because of any factual findings on his TCPA claims, but because of the defendant’s procedural…
Uncategorized

FCRA Alert: the Spike Is No Fluke

26 Feb 2020
In case you are not aware of this, lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”) have increased dramatically over the past decade. We have seen a plateau…
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

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

Clickwrap Agreement: Consent or Not Consent, That Is A Question

24 Feb 2020
When plaintiff Rojas tried to register and access job postings on defendant GoSmith’s website, he was able to see, adjacent to a check box near the bottom of the webpage,…
First Amendment

The TCPA and Severability: Why The Supreme Court Will Not Sever The Government Backed Debt Exemption

24 Feb 202026 Feb 2020
One of the most frequent questions I receive when discussing the TCPA and the First Amendment is, “why can’t the Court just sever the government-backed debt exemption”? The answer is…
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…
ATDS/Human Intervention…

Seventh Circuit Joins The Party: Another Circuit Rejects Marks And Holds A Random or Sequential Number Generator Is Required For A System to be An ATDS

19 Feb 202020 Feb 2020
Turns out words do have meaning, at least in the Third, Seventh, and Eleventh Circuits. Earlier today, a unanimous Seventh Circuit panel followed the plain language of the TCPA and…
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…

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