On January 15, in response to a petition from Acurian seeking clarification on the non-commercial purpose exemption, the FCC held that prerecorded calls to residential phone numbers seeking participants for FDA-mandated clinical pharmaceutical trials did not constitute “advertising” or “telemarketing” under the Telephone Consumer Protection Act (“TCPA”) because they “do not identify property, goods, or
On December 18, 2020, the U.S. District Court for the Northern District of Indiana denied a debt collector’s motion for summary judgment, suggesting that an open question of whether a telephone system had the capacity to place automatic calls might support a claim under the Telephone Consumer Practices Act (“TCPA”), even if that functionality had
In Russell v. Law, Judge Van Bokkelen, of the United States District Court for the Northern District of Indiana, granted summary judgment, in part, to Russell Friend (“Plaintiff”)– alleging Taylor Law, PLLC (“Defendant”) contacted Plaintiff continually in attempts to collect debt after Plaintiff’s request that Defendant cease contact, in violation of the Fair Debt
In True Health Chiropractic Inc., et al. v. McKesson Corp., et al., the Northern District of California held that it was divested of jurisdiction by the Hobbs Act, 28 U.S.C. § 2342, and thus could not reconsider the validity of a declaratory ruling rendered by the Consumer and Government Affairs Bureau of the Federal
In Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations that USHealth Advisors, LLC (“USHA”) and USHealth Group, Inc. (“USGA”) (collectively “Defendants”) violated the Telephone Consumer Protection Act and Maryland equivalent
In an Order issued December 16, 2020, the Eastern District of Texas adopted the Report and Recommendation of United States Magistrate Judge Kimberly C. Priest Johnson finding that calls placed to a cellular telephone do not qualify as calls to a residential telephone subscriber for purposes of § 227(c) of the Telephone Consumer Protection Act
Calls exempt from the Telephone Consumer Protection Act (“TCPA”) will soon be subject to call volume limits. At the close of 2020, the Federal Communications Commission (“FCC”) issued new guidance capping the number of artificial or prerecorded voice calls that may be made to residential phone lines without prior express consent.
The FCC’s Report and
On appeal in Grigorian v. FCA US LLC, the Eleventh Circuit affirmed the holding of Judge Cooke, of the United States District Court for the Southern District of Florida, that Mariam Grigorian (“Mariam”), Plaintiff and Appellant, lacked Article III standing in her Telephone Consumer Protection Act claim against FCA US, LLC (“FCA”), Defendant and
In Ramsey v. Receivables Performance Mgmt., LLC, Judge McFarland, of the United States District Court for the Southern District of Ohio, granted partial summary judgment for Phillip Ramsey, Plaintiff – holding that Receivables Performance Management, LLC and Howard George (Chief Executive Officer, RPM), Defendants, violated the Telephone Consumer Protection Act by calling Plaintiff two
On December 4, 2020, the Eleventh Circuit issued a ruling in Lucoff v. Navient Solutions, LLC, et al., holding Lucoff’s oral revocation of consent to be contacted under the Telephone Consumer Protection Act (“TCPA”) followed by re-consenting to be contacted minutes later via an online form was valid consent under the TCPA.
Lucoff was
