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1
National TCPA Class Action Nixed Under Bristol-Meyers Squibb
A United States district court in Illinois recently granted a non-resident defendant's motion to strike the class definition in a putative nationwide TCPA class action.
United States
10 Dec 2018
2
Third Circuit Court Of Appeals Declines To Apply American Pipe Tolling To Class Claims, Claims Of Named Plaintiff, And Claims Of Named Plaintiff's Company
On November 27, the Third Circuit Court of Appeals affirmed a district court's dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American Pipe tolling principles did not apply.
United States
10 Dec 2018
3
District Of Minnesota Breaks New Ground for Wrong Number Cases Under TCPA
The Court first considered whether the calls were made using an ATDS.
United States
5 Dec 2018
4
They're REALLY Coming For Robocalls! FCC Releases Final Draft Proposal Designed To Reduce Robocalls
Last month, Troutman Sanders reported on the proposed TRACED Act which would instruct the Federal Communications Commission to engage in rulemaking to protect consumers from receiving unwanted calls and text messages ...
United States
5 Dec 2018
5
District Court Rejects Argument That Pharmacy Prescription Calls Are Protected By TCPA Emergency Purposes Exception
Early this month, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018),
United States
3 Dec 2018
6
FCC Chairman Proposes Reassigned Numbers Database And Supports Blocking Of Spam Robotexts
On November 20, Federal Communications Commission Chairman Ajit Pai proposed the implementation of a reassigned numbers database and a declaration that wireless providers are authorized to take measures to stop unwanted text messaging.
United States
30 Nov 2018
7
Tampa Bay Rays Almost Strike Out On TCPA Class Action Dismissal Attempt
Second, the Rays also moved to dismiss based on Fernandez's ability to bring the case as a class action.
United States
30 Nov 2018
8
Federal Judge Grants Summary Judgment In Favor Of Debt Collector In TCPA, FDCPA Case Over Calls To Reassigned Number
Does minor human involvement disqualify a telephony device as an automatic telephone dialing system, or "ATDS," for purposes of liability under the Telephone Consumer Protection Act?
United States
30 Nov 2018
9
Court Grants Summary Judgment To Defendant In TCPA Case Involving Reassigned Telephone Number
A Minnesota District Court judge granted summary judgment on November 13 in favor of the defendant in Roark v. Credit One Bank, N.A., a Telephone Consumer Protection Act lawsuit...
United States
26 Nov 2018
10
They're Coming For Robocalls! Senators Unveil Bipartisan Proposal
On November 16, Sen. John Thune, the current chairman of the Senate Commerce Committee, and Ed Markey, a member of the committee and the author of the Telephone Consumer Protection Act...
United States
22 Nov 2018
11
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act (TCPA) case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
21 Nov 2018
12
SCOTUS To Address Impact Of FCC's TCPA Rulings On Courts
The United States Supreme Court has granted certiorari to a Telephone Consumer Protection Act case that could fundamentally shape the interpretation of one of the most litigated statutes in America.
United States
20 Nov 2018
13
Wisconsin District Court Muddies Waters Surrounding Definition Of An ATDS In Post-ACA International World
Plaintiff Mitchell Maes alleged that Charter Communication repeatedly called his cell phone using a predictive dialer.
United States
15 Nov 2018
14
District Court Holds Use Of Human Intervention In Creation Of Text Message Lists Sufficient To Defeat TCPA Claim
The District Court for the Middle District of Florida recently added to TCPA case law concerning the level of human intervention required to defeat claimed use of an automatic telephone dialing system, or "ATDS," in a TCPA lawsuit.
United States
14 Nov 2018
15
NDGA Says You Can't "Squibb" National TCPA Class
With Justice Sotomayor's dissent in mind, IDT urged the Northern District of Georgia to answer the question left unresolved by the Bristol-Myers court in its motion to strike the nationwide class allegations.
United States
13 Nov 2018
16
ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
United States
26 Sep 2018
17
Contractual Consent Means Something: District Court In Eleventh Circuit Finds Consumer Cannot Revoke Contractually Bargained-For TCPA Consent
If a consumer signs a contract with a creditor in which the consumer consents to be called, can he or she later revoke that consent if they simply change their mind?
United States
5 Sep 2018
18
FCC Seeks Comment On Interpretation Of TCPA Following D.C. Circuit's ACA Decision
On Monday, May 14, 2018, the Federal Communications Commission ("FCC") issued a public notice seeking comment on interpretation of the Telephone Consumer Protection Act ("TCPA") ...
United States
17 May 2018
19
Industry Groups Petition FCC For Dramatically Narrowed Interpretation Of TCPA
On May 3, the U.S. Chamber of Commerce and 17 trade groups filed a petition with the Federal Communications Commission for a declaratory ruling seeking a narrow definition of an automatic telephone dialing system...
United States
11 May 2018
20
FCRA Filings Continue Upward Trajectory In 2018
According to a recent report from WebRecon, filings of Fair Credit Reporting Act cases have continued to increase in 2018.
United States
30 Apr 2018
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