In Reyes v. Educational Credit Management Corporation, Case No. 17-56930, the Ninth Circuit reversed a decision certifying a class action in which the plaintiffs allege violations of California’s Invasion of Privacy Act (“CIPA”) (Cal. Penal Code § 630 et. seq.). In doing so, it held that the district court had failed to determine
On July 30, the Northern District of Texas issued the first opinion by a federal court in Texas addressing the impact of ACA International on the definition of an automatic telephone dialing system (“ATDS”). In Adams v. Safe Home Security Inc., the Court rejected the Ninth Circuit’s rationale in Marks and held that
The Northern District of California recently granted a motion to compel arbitration in a putative class action brought under the Telephone Consumer Protection Act. In doing do, it enforced an arbitration provision that had been provided to the plaintiff by way of a hyperlink in an e-mail confirming her purchase of a subscription to an
In Tyler v. Mirand Response Systems, Inc., the Southern District of Texas recently granted summary judgment in favor of a debt collector in a claim brought under § 1692d(5) of the Fair Debt Collection Practices Act.
Plaintiff Nina Tyler had become indebted to her bank, and the debt was transferred to Mirand Response Systems, Inc.
Contractual provisions requiring consumers to bring claims in arbitration must be carefully worded to ensure they encompass all claims, including those asserted under the Telephone Consumer Protection Act. A recent decision by the United States District Court for the District of New Jersey, Abedi v. New Age Med. Clinic PA, No. 18-14680-KM-SCM, 2019 U.S.
In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer.
The plaintiff in Henderson
The Seventh Circuit recently vacated a decision by the Southern District of Indiana in which the lower court had rescinded an earlier decision to certify a class action in a suit brought by a group of used car dealerships.
In Red Barn Motors, Inc. v. Nextgear Capital, Inc., No. 18-1409, 2019 U.S. App. LEXIS 4303
On January 17, in Kibbee v. Smith-Palluck Associates Corp., No. 2:18-cv-01848, a putative class action pending in the United States District Court for the District of Nevada, the Court entered an order notifying the United States Attorney General that the constitutionality of the Telephone Consumer Protection Act has been called into question and giving
The decision in ACA Int’l v. FCC, 885 F.3d 687, 701 (D.C. Cir. 2018), invalidated the Federal Communications Commission’s 2015 Declaratory Ruling with regard to what qualifies as an automatic telephone dialing system, or “ATDS,” under the Telephone Consumer Protection Act. Based on this, the Third
In Roark v. Credit One Bank, N.A., 2018 U.S. Dist. LEXIS 193252 (D. Minn. Nov. 13, 2018), the District of Minnesota added to the changing landscape for claims under the TCPA since the D.C. Circuit’s decision in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018). In addition to adding its voice