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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 Court Finds No ATDS If Dialing from a Curated List

21 Dec 2021
Last week, yet another California federal court found that following the Supreme Court’s decision in Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), equipment that dials from a curated…
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…
Uncategorized

Second Circuit Puts Final Nail in the Solicited Fax Rule Coffin

6 Dec 2021
At the end of last week, the Second Circuit—in a 2-1 decision—held that the D.C. Circuit’s decision in Bais Yaakov of Spring Valley v. Fed. Commc’ns Comm’n, 852 F.3d 1078…
Uncategorized

District Court Dismisses State Law Unfair Trade Practices Claim Based on Alleged TCPA Violations

1 Dec 2021
Can an alleged pattern of unwanted calls and texts constitute an unfair trade practice in violation of state law? An interesting decision out of my home state delved into that…
ATDS/Human Intervention…

Ding Dong [Auto] Dialer Claims? Another Case Demonstrates the Difficultly in Bringing ATDS Claims After Facebook

9 Nov 2021
Things certainly aren’t getting any better for the Plaintiff’s bar when it comes to ATDS (aka autodialer) claims—even in the Ninth Circuit. A court in the Southern District of California…

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…
Class Actions…

TCPA QUICK HITTER: Another Federal Court Stays Discovery While Dispositive Motions are Pending

21 Sep 2021
One more federal court has come out against proceeding with expensive and potentially unnecessary class discovery pending the resolution of dispositive motions. The facts are straightforward: In Silva v. Connected…
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…
Uncategorized

Linden-BOMB! Sixth Circuit Rejects Creasy and Applies AAPC Retroactively.

9 Sep 202110 Sep 2021
The Czar first broke the bad news hot off the press earlier today: the much-anticipated Lindenbaum v. Realgy, LLC appeal ended in a dud. Yep, the Sixth Circuit just put…
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…
ATDS/Predictive Dialer Cases…

CRUISING TO A WIN: Another Court Rejects FN7 Argument—Dismisses TCPA Complaint at the Pleadings Stage in Marketing Suit

16 Aug 202118 Aug 2021
Editor's Note: Big welcome to Sam--another tremendous addition to our powerful team! Be sure to check out the Facebook Ruling Resource Page for an up to date case list of post-Facebook…
Uncategorized

Ninth Circuit Weighs In On When To Challenge Personal Jurisdiction Over Claims of Absent Class Members

11 Aug 2021
Yesterday, in line with holdings from the Fifth and DC Circuits, the Ninth Circuit held in Moser v. Benefytt, Inc., 2021 U.S. App. LEXIS 23661 (9th Cir. Aug. 10, 2021),…
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.…
Uncategorized

Mixed-Bag Ruling Results in Vicarious Liability Claims Surviving

23 Jun 2021
A recent ruling out of the Southern District of Florida brings some good news and some bad news for TCPA defendants.  See Hossfeld v. Am. Fin. Sec. Life Ins. Co.,…
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…
Uncategorized

NOT SO FAST: Court Holds Willfulness Requires Actual Knowledge of TCPA Violation

4 Jun 2021
Third time’s the charm? Not quite, for a plaintiff in the Eastern District of Michigan who sought leave to amend the TCPA claims in his complaint to add a count…
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…

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