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Mixed Decision: Court Deems Automatic Maintenance Request System Triggered By Resident Calls Not An ATDS, But Treats Resident Voice Mails Conveying The Requests “Prerecorded Voice[s]” Within Scope of TCPA

15 Jul 201915 Jul 2019

In a positive ruling for TCPA defendants, the Northern District of Georgia declined to treat a maintenance request system as an ATDS where human intervention (here in the form of…

Class Actions

Krakauer Saga Continues: District Court Makes Interesting Rulings on Parties’ Objections As It Slogs through Claims Administration Process

12 Jul 201915 Jul 2019

Well, TCPAWorld, here is a brief update on the Krakauer case, on which the Czar recently reported, wherein the Fourth Circuit deemed the TCPA’s DNC provisions a “Model of Clarity.”…

Class Actions

A Rock And A Hard Place: Court Denies TCPA Defendant Post-Certification Leave To Add Bristol-Myers Squibb Affirmative Defense

12 Jul 201915 Jul 2019

Seemingly every class action plaintiff’s attorney has a canned response to a Rule 12(b)(2) motion to dismiss non-resident putative class members: that it is premature to even consider the motion…

ATDS/Predictive Dialer Cases…

Good News In Bad Reyes: Southern District of Florida Stays Case Pending FCC Rulemaking

10 Jul 201915 Jul 2019

Everyone in TCPAWorld is familiar with the two Reyes cases. In Good Reyes, the Second Circuit held that contractual consent cannot be revoked unilaterally. Which makes sense, because contracts are…

First Amendment

Gallion Meets PDR: Ninth Circuit Shields FCC Orders From A First Amendment Challenge, Setting Up A Possible Conflict With PDR Network

9 Jul 201915 Jul 2019

Constitutional challenges to the TCPA just entered a new an interesting dimension, with a possible conflict between the Ninth Circuit’s decision in Gallion v. United States, 2019 U.S. App. LEXIS…

Uncategorized

Asking the Right Question: TCPA Defendant Successfully Challenges Venue by Presenting Better Forum

5 Jul 2019

Photo by Pixabay on Pexels.com The district court in New Jersey recently reminded TCPA litigants that there can be much more to jurisdiction and venue than meets the eye. Even…

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…

Class Actions…

Move-On: Court Enforces Arbitration Agreement Contained in “Hyperlinked” TOCs–Douses Putative TCPA Class Action

26 Jun 201927 Jun 2019

We have yet another interesting TCPA arbitration decision out of a California federal court to share with TCPAWorld. The court was tasked with deciding two issues: whether an arbitration agreement…

Uncategorized

No Prejudice, No Waiver: California District Court Allows TCPA Arbitration Defense to Proceed Despite Defendant’s Alleged Delay in Raising It

24 Jun 201925 Jun 2019

As we have repeatedly reported on TCPAWorld, arbitration agreements are an important asset in any defense portfolio. But what happens if you are defending against a TCPA action for upwards…

Uncategorized

A Brief Review of What’s Happening in TCPA Insurance Coverage Cases

21 Jun 201921 Jun 2019

TCPA World featured two blog posts in May (May 6 and May 31) that discussed two TCPA coverage cases. In this post, we will cover some recent cases to see…

FCC Action

Confusion Abounds: Supreme Court Questions Hobbs Act Deference Without Actually Deciding Hobbs Act Deference In PDR Network.

20 Jun 201921 Jun 2019

We’ve seen this play before. Everyone in TCPAWorld – plaintiffs, defendants, regulators, mere enthusiasts – anxiously awaits an appellate decision that will certainly bring clarity to the confusing morass that…

Uncategorized

Good News From FDCPAWorld: Court Holds Use Of Local Area Code Does Not Violate FDCPA

20 Jun 201920 Jun 2019

We typically limit our coverage to TCPA matters, but will venture into other consumer-protection matters when it touches on outbound calls to consumers. And because many residents of TCPAWorld are…

Uncategorized

Simple as That: Quick Hitting Decision Explains why TCPA Injunctions Are so Easy to Plead and Obtain

20 Jun 201920 Jun 2019

Injunctions are odd things. They amount to judicial decrees that limit or require conduct under the penalty of contempt. In most jurisdictions they are pretty hard to obtain and often…

ATDS/Human Intervention…

Counter-punch: Northern District of Illinois Pulls Back From Marks By Holding (Again) That An ATDS Requires Allegations Of Random Or Sequential Number Generation To Survive An Early Dispositive Motion

17 Jun 201919 Jun 2019

Early last week, as the Czar reported, TCPAWorld was a little taken aback by the Northern District of Illinois’s apparent abrupt departure from the district’s 2018 Pinkus decision, which had…

First Amendment

A Disturbing Trend: Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption

14 Jun 201917 Jun 2019

The First Amendment has long held a special place in constitutional jurisprudence. Given its importance to a well-functioning government and public discourse, courts take special care to enforce its protections,…

Hard Sell: Sixth Circuit Denies Vicarious Liability for TCPA Violations Against Third-Parties Providing Back-End Services to Telemarketers

10 Jun 201910 Jun 2019

The limits of agency and vicarious liability are constantly being tested in TCPAWorld and a recent decision may give some guidance (and a breather) to third-parties who supply services to…

ATDS/Predictive Dialer Cases…

Not A Relaxing Message: Plaintiff Defeats Motion to Dismiss Her TCPA Action Claiming Spa’s Use Of An ATDS To Send Text Advert

10 Jun 201911 Jun 2019

A decision last week from the Southern District of Florida illustrates the level of pleading detail necessary to survive dismissal of a TCPA claim predicated on the sending of text…

Uncategorized

Article III Standing A Double-Edged Sword for TCPA Plaintiff Seeking Remand to State Court

5 Jun 20196 Jun 2019

Photo by Lum3n.com on Pexels.com In the post-Spokeo world, standing challenges are no longer commonplace for most TCPA defendants, with courts having largely held that the receipt of one call…

Double-Dipping Denied: Sixth Circuit Forces TCPA Plaintiff into Arbitration Based on Co-Habitant’s Prior Settlement Agreement

3 Jun 20195 Jun 2019

Folks – here’s an interesting companion decision to the Czarina’s post on the enforceability of arbitration provisions involving two TCPA defendants who are in privity with one-another. In Reo v.…

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…

Class Actions

Invasion of Privacy Exclusion Bars Coverage for TCPA Action and Settlement

31 May 20193 Jun 2019

From Squire Patton Bogg's Insurance and Reinsurance Disputes Blog InReDisputesBlog.com Where an insurance policy has an express exclusion for Telephone Consumer Protection Act (“TCPA”) claims it is pretty clear that coverage will…

Class Actions…

Testing Adequacy and Typicality: California Federal Court Restricts TCPA Defendant’s Ability to Examine Serial Plaintiff’s Sources of Income.

29 May 201931 May 2019

The TCPA was enacted to stop certain types of telemarketing robocalls, not create a cottage industry for professional plaintiffs who file hundreds of TCPA lawsuits. But as we have covered…

Class Actions

Message Still Not Received: Company Fails In Yet Another Bid to Certify Fax Class Action

22 May 201923 May 2019

One TCPA plaintiff’s national tour of district courts has certainly not been going well. Back in April, we reported on how the District of Connecticut rejected plaintiff Gorss Motels' third…

ATDS/Predictive Dialer Cases

Continuing The Trend: Northern District of Illinois Again Holds A Predictive Dialer Must Have A Random Or Sequential Number Generator To Be An ATDS

21 May 201923 May 2019

The Northern District of Illinois was one of the first courts after ACA International to hold that a telephonic system must have a random or sequential number generator to be…

Uncategorized

Stayin’ Alive in TCPA World: How TCPA Claims Can Outlive The Plaintiff

17 May 201917 May 2019

Back in March, we learned about a plaintiff’s lawyer who pursued a TCPA case for nearly a year after his client had died. The attorney ended up avoiding sanctions, but…

FCC Action

The FCC Speaks: Commissioner O’Rielly Highlights The Need For TCPA Reform And Cites The Czar’s Epic Takedown of John Oliver’s False “Robocall” Narrative

16 May 201920 May 2019

In an expansive speech before ACA International – yes, the ACA International of ACA Int’l v. FCC fame – Commissioner O’Rielly stated emphatically that “[n]ow, more than ever, it’s crucial…

Class Actions

Class Certification in TCPA Action Denied Because Class Representative was in a Class of Her Own

7 May 20198 May 2019

You can pick your friends, you can pick your nose, and as the Southern District of Florida recently demonstrated, you most definitely can pick your plaintiff. In two recent orders…

Class Actions…

District Court Denies Defendant’s Bid to Bifurcate Discovery on Safe Harbor Defense, But Stay Tuned

7 May 20198 May 2019

Defendants hit with TCPA suits are often in the unenviable position of having to expend substantial amounts of time and money to prevail on claims that lacked merit from the…

Uncategorized

Closing the Coverage Gap?: California Supreme Court Set to Decide Whether Privacy Right Implicated by the TCPA Triggers Insurance Coverage for “Advertising Injury”

6 May 2019

Photo by Pixabay on Pexels.com The California Supreme Court recently granted the Ninth Circuit’s request for certification to determine whether a TCPA claim against a policyholder for sending unsolicited text…

ATDS/Human Intervention…

Text Me 6 Times, Shame on Me; Text Me 30 Times, Shame on You: Court Holds TCPA Plaintiff Plausibly Alleged That Defendant Exceeded the Scope of Consent

6 May 20197 May 2019

Although they often get lost in the morass surrounding the definition of an ATDS, significant TCPA cases continue to turn on the scope of consent. Hudson v. Ralph Lauren Corp.…

Federal Common Law and the TCPA: Ninth Circuit Denies Rehearing in Henderson and Holds Federal Common Law of Agency, Not California Law, Controls in the TCPA

6 May 20197 May 2019

The Czar previously blogged about the Ninth Circuit’s Henderson decision and the seemingly harsh consequences it has for vicarious liability of creditors. See Henderson v. United Student Aid Funds, Inc.,…

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…

FCC Action…

Down Goes the Exemption: TCPA’s Content-Specific Government-Backed Debt Exemption Struck Down on First Amendment Grounds

24 Apr 201924 Apr 2019

This one is big. The Fourth Circuit Court of Appeals, in a first-in-the-nation result, just held that the TCPA violates the First Amendment because the government-backed debt exception is an…