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If you're reading TCPAWorld.com you know the TCPA is no ordinary statute. And rather obviously TCPA class litigation matters are among the biggest and most complex cases out there. While…

Class Actions

Class Members Thought They Would Get $900, but End Up With $22

15 Nov 201919 Dec 2019

Imagine expecting to receive a $900.00 settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist.…

Uncategorized

Refresher on TCPA Liability for Calls to Cell Phones: 1) The DNCR Provision Only Prohibits Calls to Residential Lines, But; 2) Using an ATDS without Prior Consent is Prohibited to Cell Phones Even for Business Purposes

14 Nov 201914 Nov 2019

It remains a source of common confusion here in TCPAWorld. But not understanding the TCPA rules surrounding business to business calls can land you in a world of hurt. Let’s…

TCPA Discovery

Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims

12 Nov 201913 Nov 2019

Aggressive, pre-answer motion practice is often warranted in TCPA cases, particularly in class actions. But as a defendant found out in the Western District of New York, it is critical…

ATDS/Predictive Dialer Cases…

TCPA Quick-Hitter: Court Finds “Artificial or Prerecorded Voice” Is Not a Legal Conclusion (But “Predictive Dialer” and “ATDS” Are!)

7 Nov 2019

In TCPA World, I quickly learned that discovery is an art to the most experienced and skilled litigators. Overbroad requests and objections that lack specificity and detail won’t cut it…

Troutman Opinion

A Czar and a Plaintiff’s Attorney Walk Into Leadscon Industry Impact. Hilarity And Awesome TCPA Action Ensues

22 Oct 201923 Oct 2019

When I teamed up with the Czar at Squire Patton Boggs, several people asked how his actual personality compares to his TCPAWorld persona. Hopefully this picture of him and Tav…

ATDS/Predictive Dialer Cases

Train Kept-A Rollin: District of Maryland Joins Growing List of Courts to Reject Marks, Stays Case Pending Fourth Circuit Action.

21 Oct 201923 Oct 2019

As the Czar remarked recently, courts outside of the Ninth Circuit continue to reject the Marks court’s overt departure from the statutory definition of an ATDS. We can now add…

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…

ATDS/Human Intervention…

Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision.

20 Sep 201923 Sep 2019

One of the most oft-cited circuit court decisions, if not the most oft-cited, is Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), in which the newly formed…

Congressional Action

Arbitration Under Attack: New Bill Aims To Curb Contractual Rights To Arbitration.

13 Sep 201916 Sep 2019

By their very nature, many TCPA suits end up in arbitration, particularly when a bank or other financial institution is involved. This serves benefits for both the consumers and the…

Class Actions

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

11 Sep 201913 Sep 2019

TCPA cases against debt collectors and first-party creditors are notoriously difficult to certify. They typically involve individual issues of consent and revocation that make certification impossible. But when a debt…

Express Consent…

TCPA QUICK-HITTER: North Carolina Federal Court Dismisses TCPA Claim for Failing to Allege Lack of Consent to Calls

10 Sep 201911 Sep 2019

Here’s a quick update for TCPAWorld concerning the on-going battle across the country regarding what exactly constitutes a prima facie case under the TCPA. Many courts have come to the…

Class Actions

Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing

28 Aug 201913 Jan 2020

The Supreme Court’s landmark decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016), seemingly held so much promise for TCPAWorld. After all, how could a single phone call or…

SDOH Judge Denies Defendant’s ‘Artful’ Motion to Dismiss, Finds Pressing 1 Does Not Convert a Pre-Recorded Message to an Incoming Call

21 Aug 201922 Aug 2019

On Monday, Defendant LE Energy hoped to pull a rabbit out of their trick hat by arguing that Plaintiff made an incoming call to their call center, simply by pressing…

Uncategorized

“This Isn’t The Defendant You’re Looking For” – Florida District Court Dismisses TCPA Complaint After Successful Factual Attack On Personal Jurisdiction

21 Aug 201922 Aug 2019

Here is a quick one for TCPAWorld. Typically, when a lawsuit is filed, a court assumes the facts alleged in the complaint are true and the defendant must show that,…

Uncategorized

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…

Class Actions…

No Consent For You: SDNY Magistrate Judge Recommends Certifying No-Consent Class Against Now-Closed NYC Cantina Based On Lack Of Evidence Of Consent.

12 Aug 201913 Aug 2019

We often remark that the TCPA can, and does, affect businesses across industries. A once-popular New York City restaurant learned that lesson the hard way, when a Southern District of…

Case Closed?: Not Quite Yet, But Serial TCPA Litigator Testing Court’s Patience

9 Aug 201912 Aug 2019

Well, no one can say that he did not get his day in Court. Plaintiff Ewing, a serial TCPA litigator who filed yet another case assigned to Judge Battaglia, narrowly…

FCC Action…

Mark(s) My Words: No Stays in the Ninth Circuit to Await FCC Guidance on the Meaning of an ATDS

8 Aug 20199 Aug 2019

TCPA World, another update in our continuing coverage of stays in TCPA cases on primary jurisdiction grounds. As you know, the FCC has sought public comment on the parameters of…

Officer/Director Liability

Common Core Litigation: Magistrate Judge Recommends to Re-Open SDOH TCPA Case and Then Dismiss All Remaining Claims

7 Aug 20198 Aug 2019

I was recently informed that math is taught differently nowadays. Kids are using logic, and more apples and oranges versus my old-school base 10 and long division. Nonetheless, in either…

ATDS/Human Intervention…

Marks Rejected By Pennsylvania Federal Court: A Predictive Dialer Is Not Per Se An ATDS In The Third Circuit

7 Aug 20198 Aug 2019

Well, TCPAWorld, the Keystone State has again opined on the issue of predictive dialers – this time, however, by faithfully following circuit precedent. In Smith v. Navient Solutions, LLC, 2019…

Uncategorized

Shot Across the Bow: “Parroting” TCPA Allegations From “Case to Case” May Be Subject to Sanctions

6 Aug 20198 Aug 2019

The Middle District of Florida just issued a sternly worded warning to TCPA plaintiffs and their counsel, stating that pre-suit investigations are a necessary pre-requisite to filing their claims –…

Uncategorized

Devoid of Datum: TCPA Claim Dismissed For Failure to State a Claim in NDOH

2 Aug 20197 Aug 2019

Word of the Day: Datum. Synonym: information. As Applied: It is hereby ordered that Plaintiff Whitacre’s TCPA claim is dismissed for failure to plead the datum necessary to state a…

Class Actions…

Path Uncertain? Georgia Federal Court Claims Power to Certify TCPA Class Against Defaulting Defendant Based On Ambiguous Standards

2 Aug 20197 Aug 2019

If a defendant defaults in a TCPA case, can the plaintiff still seek class certification of his or her claims against that defendant? In Hobbs v. Entrevoice Virtual Sols., Inc., …

ATDS/Predictive Dialer Cases

The Lone Star State Speaks: Northern District of Texas Holds Predictive Dialers Are Not An ATDS

31 Jul 20191 Aug 2019

In the post-ACA battle over the definition of an ATDS, Texas was one of the few large states not to address the issue. Until now. In a first-in-the-state result, the…

Uncategorized

Here it Is!: The TCPA Redline You’ve Been Waiting For—Amendments from the Stopping Bad Robocalls Act

27 Jul 201930 Jul 2019

As the Czar reported last week, the Stopping Bad Robocalls Act has passed the House and looks to have a big impact on the TCPA. While one of the most…

TCPA Discovery

SDFL Judge Denies TCPA Motion for Relief from Judgment and Teaches Litigators Everywhere An Important (and Tiny) Lesson

26 Jul 2019

Do you remember law school? Remember that guy that sat in the back row that told you he always finishes the readings first because he skips the footnotes? Want a…

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…

ATDS/Predictive Dialer Cases…

Hedging Bets: Court Finds Sufficient Allegations of ATDS without Taking Clear Stance on Standard

19 Jul 201922 Jul 2019

Photo by Mídia on Pexels.com The Western District of Oklahoma weighed in on the pleading standard for an ATDS earlier this week, denying a defendant’s motion to dismiss the plaintiff’s…

Express Consent…

“The Results Are In – You DID Consent To These Faxed Advertisements!” – TCPA Claim Against Paternity Testing Facility Fails Based On Medical Center’s Decade-Old Prior Express Consent

19 Jul 201922 Jul 2019

How long does prior express consent last? Well, TCPAWorld, you are in luck – according to the Northern District of Illinois, consent can last for around a decade, at least.…

Uncategorized

Moore v. CHW Group: TCPA Complaint Dismissed for Failure to Plead More

19 Jul 201922 Jul 2019

In a recent TCPA order, the Northern District of Illinois dismissed Plaintiff George Moore’s Complaint for failure to state a claim under the TCPA and the Illinois Telephone Solicitations Act.…

Class Actions…

One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone.

19 Jul 201922 Jul 2019

Common sense prevails: a Texas federal court holds that an email is not the same thing as a text message and is not subject to the TCPA. See McCarrell v.…

Author:

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes

Class Members Thought They Would Get $900, but End Up With $22

Refresher on TCPA Liability for Calls to Cell Phones: 1) The DNCR Provision Only Prohibits Calls to Residential Lines, But; 2) Using an ATDS without Prior Consent is Prohibited to Cell Phones Even for Business Purposes

Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims

TCPA Quick-Hitter: Court Finds “Artificial or Prerecorded Voice” Is Not a Legal Conclusion (But “Predictive Dialer” and “ATDS” Are!)

A Czar and a Plaintiff’s Attorney Walk Into Leadscon Industry Impact. Hilarity And Awesome TCPA Action Ensues

Train Kept-A Rollin: District of Maryland Joins Growing List of Courts to Reject Marks, Stays Case Pending Fourth Circuit Action.

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

Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision.

Arbitration Under Attack: New Bill Aims To Curb Contractual Rights To Arbitration.

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing

SDOH Judge Denies Defendant’s ‘Artful’ Motion to Dismiss, Finds Pressing 1 Does Not Convert a Pre-Recorded Message to an Incoming Call

“This Isn’t The Defendant You’re Looking For” – Florida District Court Dismisses TCPA Complaint After Successful Factual Attack On Personal Jurisdiction

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

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

Case Closed?: Not Quite Yet, But Serial TCPA Litigator Testing Court’s Patience

Mark(s) My Words: No Stays in the Ninth Circuit to Await FCC Guidance on the Meaning of an ATDS

Common Core Litigation: Magistrate Judge Recommends to Re-Open SDOH TCPA Case and Then Dismiss All Remaining Claims

Marks Rejected By Pennsylvania Federal Court: A Predictive Dialer Is Not Per Se An ATDS In The Third Circuit

Shot Across the Bow: “Parroting” TCPA Allegations From “Case to Case” May Be Subject to Sanctions

Devoid of Datum: TCPA Claim Dismissed For Failure to State a Claim in NDOH

Path Uncertain? Georgia Federal Court Claims Power to Certify TCPA Class Against Defaulting Defendant Based On Ambiguous Standards

The Lone Star State Speaks: Northern District of Texas Holds Predictive Dialers Are Not An ATDS

Here it Is!: The TCPA Redline You’ve Been Waiting For—Amendments from the Stopping Bad Robocalls Act

SDFL Judge Denies TCPA Motion for Relief from Judgment and Teaches Litigators Everywhere An Important (and Tiny) Lesson

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

Hedging Bets: Court Finds Sufficient Allegations of ATDS without Taking Clear Stance on Standard

Moore v. CHW Group: TCPA Complaint Dismissed for Failure to Plead More

One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone.