Author: Jason M. Ingber

Jason Ingber is a litigator with a focus on consumer class action defense in federal and state courts. Jason has successfully disposed of many actions against international and multi-national financial institutions via motions or quick and fair settlements. Jason is well versed in all phases of civil litigation, from the pre-lawsuit phase through motion practice, and discovery. Jason also has experience litigating, and settling cases in all stages of arbitration, especially with claims brought under the TCPA.

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,…

7th Circuit Bolsters TCPA Wireless Carrier Exemption: Affirms Subway Not Liable for T-Mobile’s Text

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,…

Motion to Dismiss Denied: ATDS Allegations About Impersonal Text Messages Sufficient

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…

Glasser Leaves Pre-recorded Call Claims and DNC Claims Very Much Alive

29 Jan 202029 Jan 2020

As we broke the news, Glasser held in a 2-1 decision in favor of the Defense, defining an ATDS as: equipment that (1) stores telephone numbers using a random or…

Evidence Preservation is Not Optional: TCPA Plaintiffs Score Big Sanctions Win Against Marketer Using a “Server in India” to Store Call Records

24 Jan 20206 Feb 2020

TCPA class actions have a lot of moving parts and there a number of things that a Defendant must keep in mind to properly defend these suits and assure themselves…

Big Win: Class Certification and Discovery Preempted

As you may know, you can affirmatively move to deny class certification—you don't need to wait to respond to a Plaintiff’s certification motion. Not a common tool, but we love…

Another TCPA Fax Class Certified

Well this feels ancient. Both because this case is about fax machines, and this was decided pre-SCOTUS agreeing to review the TCPA. Another TCPA fax class was certified in Retina…

Illinois District Court Grants Summary Judgment For Lack of Personal Jurisdiction

15 Jan 202015 Jan 2020

In an Illinois district court, one Illinois, and another New Jersey resident filed a TCPA class action against IDT Energy, Inc. in Mackey v. IDT Energy, seeking to represent two…

Timing is Everything: Here is the Timetable for the Big SCOTUS TCPA Review and the TRACED Act Roll Out

14 Jan 202015 Jan 2020

The bi-partisan TRACED Act became law last year December 30, 2019, in a pre-SCOTUS’ TCPA review world. The TRACED Act makes various changes to the TCPA primarily to enhance enforcement,…

$2,400,000 TCPA Settlement Granted Final Approval, $92 to Each Class Member

In 2015, Plaintiff Saber Ahmed filed a class action against HSBC Bank USA, N.A. for violations of the TCPA. In 2017, another Plaintiff, John Monteleone, joined and a First Amended…

District Court Stays Action Pending FCC and 11th Circuit Rulings

6 Jan 20207 Jan 2020

For a case that “turns in part on what constitutes an automatic telephone dialing system (“ATDS”) under the TCPA” “to conserve the parties’ and judicial resources” the Honorable Judge Cecilia…

She Can Infer ATDS Claims, But Her FDCPA-Name Claim Fell Short

A TCPA claim for an ATDS violation cannot be a bare conclusion. On the other hand, you don't need to plead specific technical detail. Rather, a plaintiff only needs to…

Plaintiff Slips Arbitration, With Declaration

You can be bound to a contract you don't sign. For example, companies frequently enforce arbitration agreements on non-signatories, if the non-signatory benefited from the contract. How about a situation…

If You Don't Answer, You Lose

2 Jan 20202 Jan 2020

My colleague recently covered a serial TCPA plaintiff who won a sizable judgment after the Defendant failed to respond to his Motion for Summary Judgment. Along the same lines, in…

You Cannot Nail A Ghost, Especially With Flimsy Allegations

31 Dec 201931 Dec 2019

A Plaintiff tried to pin a company with TCPA liability based on a third party's calls, but the California district judge was not having any of it. In Abante Rooter…

Federal Jurisdiction Win Sends Defendant’s Repo Action to State Court

30 Dec 201930 Dec 2019

Courts are clogged. That’s why we, and by we I mean all citizens of TCPAWorld, avoid draining judicial resources with actions that can be consolidated. Every once in a while…

Doctor Who? Plaintiff’s Vicarious Liability Claim Against Doctor Dismissed for Lacking Specifics

16 Dec 201916 Dec 2019

A pro se Plaintiff's TCPA complaint was dismissed with prejudice. Here’s how: The Plaintiff was getting calls for medical services. He alleged the callers used an ATDS, and continued despite…

Cheaters Never Prosper: FCC Proposes $10MM Fine On Man Who Used His Business Rival's Phone Number on Spoofed Robocalls

13 Dec 201919 Dec 2019

Last year 47,610 robocalls blew up people's phones in San Diego's coast, 6 days before their election vote for the 76th District. The robocalls had a pre-recorded politically charged message…

FCC Rules E-Faxes are Outside the TCPA

11 Dec 201911 Dec 2019

Remember how fax machines bleeped; kind of sounded like the internet dial-up tone? Well, the FCC essentially ruled that unless a fax is sent to a machine that makes that…

Magistrate Judge Reinhart Flattens Attempts to Broaden Discovery

In Grigorian v. Tixe Realty Servs., Case No: 19-81106-CIV-ROSENBERG/REINHART, 2019 U.S. Dist. LEXIS 206451 *; 2019 WL 63071911, Magistrate Judge Reinhart shut down Plaintiff's requested reconsideration of an earlier ruling…

First to File a Class Action is Not Enough to be Heard First

Early bird did not get the worm in Pena v. Heath, Case No. 1:18-cv-24407-UU, 2019 U.S. Dist. LEXIS 206006. Two rival TCPA class action Plaintiffs (and Plaintiff firms) jostled at…

Another Surgery on the TCPA by a District Court

Another court holds the TCPA is unconstitutional, but we can keep it kosher by just removing that part. What? You’re shook. As the newest member of TCPAWorld’s defense team, I…

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

3 Dec 20194 Dec 2019

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 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.…

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