This month a Pennsylvania district court judge granted summary judgment in favor of a defendant accused of violating the Telephone Consumer Protection Act, finding that despite the fact that the defendant used a predictive dialer, that dialer was not an automated telephone dialing system, or “ATDS,” as required to establish liability.
Despite the Federal Communications Commission currently deliberating as to the meaning of “autodialer” under the Telephone Consumer Protection Act, a California federal judge found that the Ninth Circuit has resolved the issue, denying a defendant’s attempt to pause a spam-text suit. Not only does the ruling by U.S. District Judge Haywood S. Gilliam Jr. counter
The Southern District of Florida recently issued a positive decision for businesses defending Telephone Consumer Protection Act lawsuits who place calls pursuant to contractually granted consent. In Lucoff v. Navient Sols., LLC, No. 0:18-cv-60743-RAR, 2019 U.S. Dist. LEXIS 133577 (S.D. Fla. Aug. 7, 2019), the Court affirmed and adopted the Magistrate’s Report and Recommendation
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
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
CVS Pharmacy has agreed to pay $15 million to settle long-running claims asserted by a nationwide class of consumers who allegedly received unsolicited flu shot reminder calls. The parties filed a motion for preliminary approval of the class settlement this week in the United States District Court for the Northern District of Illinois.
The underlying
On July 24, the House of Representatives overwhelmingly passed new, comprehensive robocall reform. Passed by a vote of 429-3, the Stopping Bad Robocalls Act (“SBRA”) would give the Federal Communications Commission novel methods to enforce existing anti-robocall laws in addition to allowing the FCC to go after violators more strictly. Beyond giving the FCC the
On July 16, the United States Court of Appeals for the Eighth Circuit affirmed a decision from the Eastern District of Missouri awarding $32 million in a Telephone Consumer Protection Act class action. Significantly, in doing so, the Court upheld the district court’s decision to limit the jury’s award to $10 per call for a
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
On June 14, an Eastern District of North Carolina judge issued the first opinion within the Fourth Circuit addressing the impact of ACA International on the definition of an automatic telephone dialing system, or “ATDS.” In Snow v. GE, Judge Flanagan dismissed plaintiff Marian Snow’s complaint because she failed to allege facts “permitting an
