On January 28, Crunch Fitness filed a petition for writ of certiorari in the U.S. Supreme Court, asking the Court to overturn the Ninth Circuit’s decision in Marks v. Crunch San Diego. Crunch contends that the Ninth Circuit rewrote the definition of an automatic telephone dialing system (“ATDS”) and contradicted the plain text and
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
On January 15, amicus briefs were filed in the much awaited Telephone Consumer Protection Act (“TCPA”) case currently before the Supreme Court, PDR Network LLC, et al. v. Carlton & Harris Chiropractic. Following filing of PDR Network’s opening brief, which we discussed here, four amici filed briefs: State and Local Government Associations;
A Connecticut-based automobile finance company settled a claim by the Massachusetts Attorney General’s Office that the finance company facilitated the sale of defective vehicles by a group of Massachusetts car dealerships. As part of the settlement, Sensible Auto Lending LLC has agreed to provide debt relief in the amount of $733,925.
According to the Massachusetts
On January 8, petitioner PDR Network LLC filed its opening brief in the Telephone Consumer Protection Act case before the Supreme Court that could potentially knock out TCPA litigation as we know it. As we explained here, the Supreme Court’s decision to grant certiorari in PDR Network LLC, et al. v. Carlton & Harris
Effective January 1, Troutman Sanders promoted 13 attorneys to the partnership, including Virginia Flynn and Ethan Ostroff, two active contributors to the Consumer Financial Services Law Monitor blog. In addition, contributors Mohsin Reza and James Trefil were promoted to counsel, and Kyle Deak was named the managing partner of Troutman Sanders’ Raleigh
On December 14, the U.S. District Court for the Northern District of California dismissed a proposed Telephone Consumer Protection Act class action against Agoda Company Pte., ruling that the subject text message was not an advertisement for Agoda’s app.
Agoda runs a worldwide hotel reservation service that customers can use through the company’s website or
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. Its November 13, 2018, certiorari grant means that the Supreme Court should decide whether the Federal Communications Commission (FCC) or the courts will dominate
On Friday, October 26th, from 2 – 3 pm ET, Troutman Sanders attorneys, David Anthony, Dave Gettings and Virginia Flynn will present a webinar that will help you make sense of the shifting TCPA landscape. It will focus on the different ways courts throughout the country have addressed the interpretation of an automatic telephone dialing
09.21.18
Executive Summary