On April 19, the Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019. Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA). The FCC’s silence on this topic means yet another month will pass
On April 3, the Northern District of West Virginia issued an order denying Monitronics International, Inc.’s motion for summary judgment on multiple Telephone Consumer Protection Act grounds. In re Monitronics Int’l, Inc., No. 1:13-md-02493-JPB (N.D. W.Va. April 3, 2019). Monitronics sought summary judgment, claiming there was no evidence that it was the seller under
On April 3, Commissioner Jessica Rosenworcel told a House subcommittee that a robocall enforcement unit should be added to the Federal Communications Commission. Highlighting that consumers receive more than 5 billion robocalls a month (up from 2 million calls a month at the beginning of the Trump administration), Rosenworcel stated that “it’s time for the
The District Court in the Northern District of Illinois, in Spiegel v. EngageTel Inc. (N.D. Ill. Mar. 29, 2019), granted summary judgment in favor of defendants EngageTel Inc. and its principal, Dennis Carlson, on certain claims, but left a claim under the Telephone Consumer Protection Act remaining. The District Court’s decision is significant
Partners Virginia B. Flynn, Chad R. Fuller, and Alan D. Wingfield of Troutman Sanders LLP are mentioned in a March 22 Law360 article regarding the United States Supreme Court’s decision to grant review of PDR Network v. Carlton & Harris Chiropractic, a Telephone Consumer Protection Act class action.
PDR Network is a company that
In the amorphous landscape of Telephone Consumer Protection Act jurisprudence, the lack of uniformity, consistency, and predictability has created legal hurdles for businesses and entities whose success in TCPA litigation depends largely on the jurisdiction in which they find themselves. Despite multiple attempts by the FCC to clarify the law, many questions remain. The most
Parties to a class action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania have asked for final approval of a $4 million proposed Telephone Consumer Protection Act settlement in a “wrong number” case. Plaintiff Robert Ward alleged that defendant Flagship Credit Acceptance, LLC called him in violation of the TCPA, as
The Eastern District of Texas recently adopted a report from Magistrate Judge Christine A. Nowak finding that the Court lacked personal jurisdiction over an attorney and law firm in a pro se plaintiff’s Telephone Consumer Protection Act lawsuit. The case is Cunningham v. Mark D. Guidubaldi & Assocs., 2019 U.S. Dist. LEXIS 38652 (E.D.
In light of recent challenges to the Telephone Consumer Protection Act on First Amendment grounds, a recent decision from the Middle District of Florida provides yet another clear example of the TCPA’s content-based discrimination.
The case, Gaza v. Navient Solutions LLC, No. 8:18-cv-1049, concerned calls made to a cell phone to collect a student
On March 4, the Supreme Court granted the U.S. Solicitor General’s request to take part in oral arguments in the highly anticipated Telephone Consumer Protection Act case PDR Network LLC, et al. v. Carlton & Harris Chiropractic. The Solicitor General has requested to argue “that final orders of the Federal
