On Friday, February 21, the United States Supreme Court released its April calendar, scheduling arguments for the final session of this term. In doing so, the Supreme Court put a crucial Telephone Consumer Protection Act case – Barr v. American Association of Political Consultants – on the docket for April 22. Barr involves a
In March 2019, plaintiffs Axel Derval and Morgan Simmons initiated a Telephone Consumer Protection Act class action lawsuit against Xaler – a cannabis delivery company. Plaintiffs alleged that Xaler employs a “uniform policy of causing text messages to be sent to consumers’ cellular telephones on Xaler’s behalf without prior express consent.” Xaler asserts that it
Any company that uses telephony systems for outreach to consumers got important and potentially good news on January 27, 2020, when the Eleventh Circuit released its much-anticipated opinion in Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499. The court held that a phone system must use randomly or sequentially generated numbers to qualify
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
Judge Cecilia M. Altonaga of the Southern District of Florida started the New Year by granting a motion to stay a pending Telephone Consumer Protection Act case, Barnes, et al. v. CS Marketing LLC, et al.
In Barnes, the plaintiffs allege that the defendants are vicariously liable for telemarketing calls placed to them
Days before Thanksgiving, the Federal Trade Commission secured a $3.15 million judgment against a telemarketing company that “defrauded financially distressed consumers throughout the United States by selling them bogus credit-card interest-rate-reduction services.”
In late 2017, the FTC brought claims against Higher Goals Marketing LLC (“HGM”) and multiple other defendants, alleging that the company violated Section
On October 28, the parties to a Telephone Consumer Protection Act class action lawsuit pending in the Southern District of Florida reached a $6 million settlement. The settlement agreement resolves the lawsuit filed by Brian Keim against Pizza Hut, LLC and multiple franchisees in which Keim alleged that he and a class of individuals
On September 30, the District of Nevada dismissed a plaintiff’s class claim under the Telephone Consumer Protection Act but permitted her individual claim to proceed. In Whittum v. Acceptance Now West LLC, plaintiff Roxanne Whittum alleged that Acceptance Now placed multiple calls to her using an automatic telephone dialing system (“ATDS”)
On August 27, the Central District of California denied Hyundai Motor America, Inc.’s motion to dismiss a Telephone Consumer Protection Act (“TCPA”) class action complaint filed by plaintiff June Abe. In Abe v. Hyundai Motor America, Inc., the Court rejected Hyundai’s arguments that Abe failed to allege sufficient facts to support her claims that
When the U.S. Court of Appeals for the D.C. Circuit decided ACA International v. Federal Communications Commission[1] in March 2018, many viewed the decision as a potential swan song for the Telephone Consumer Protection Act. Experts predicted the FCC, buoyed by Chairman Ajit Pai, would step in quickly to reform existing regulatory guidance interpreting