As the world waits to see whether the United States Supreme Court will consider the constitutionality of the Telephone Consumer Protection Act, a magistrate judge in the United States District Court for the Southern District of Florida recently weighed in on the issue, denying a defendant’s motion to dismiss a class action where the defendant
After two and a half years of litigation in the Southern District of New York, the Court entered judgment against Credit One Bank, N.A. on November 22 for violations of the Telephone Consumer Protection Act.
The case presented a variety of contentious TCPA issues, including: (1) whether calling a phone number previously belonging to a
Never before has a defendant won a trial in a certified Telephone Consumer Protection Act case. Astonishingly, this losing streak finally came to an end this month in Lyngaas v. Curaden AG, et al., where defendants Curaden AG and Curaden USA convinced the Court during the bench trial of a certified TCPA junk fax
Legislation aimed at curbing illegal robocalls that are sweeping the nation has been on the minds of lawmakers for most of 2019, with both chambers of Congress passing their own versions of legislation by overwhelming majorities. In May, the Senate passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, S. 151, by
In recent years, courts nationwide have grappled with the statutory definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). While many courts have adhered to the statutory text by requiring a telephone to be capable of random or sequential number generation to qualify as an ATDS, other courts have
On October 28, the parties to a Telephone Consumer Protection Act class action lawsuit pending in the Southern District of Florida reached a $6 million settlement. The settlement agreement resolves the lawsuit filed by Brian Keim against Pizza Hut, LLC and multiple franchisees in which Keim alleged that he and a class of individuals
On September 19, the Stop Debt Collection Abuse Act of 2019 was introduced by Reps. Emanuel Cleaver (D-Mo.) and French Hill (R-Ark.) in the House and Sens. Cory Booker (D-N.J.) and Mike Lee (R-Utah) in the Senate. This is the third iteration of the proposed bill, which was previously introduced in November 2015 and March
A California district court issued a ruling in a debt collection-related Telephone Consumer Protection Act case that clarifies whether a debtor with multiple accounts revokes consent for all of those accounts when speaking to a creditor or collector about just one of the accounts.
The case, Henry Mendoza v. Allied Interstate LLC, et al.,
In Frank v. Cannabis & Glass, LLC, No. 2:19-cv-00250-SAB (E.D. Wash. Oct. 1, 2019), the federal court for the Eastern District of Washington held that a minor role in a causal chain was not sufficient to “make” a call for purposes of liability under the Telephone Consumer Protection Act.
This case arose after Roberta
The Telephone Consumer Protection Act, while permitting personal liability against officers and directors, continues to shield related corporate entities from liability. The same corporate formalities that impose liability on officers and directors ironically work to shield corporate entities from the same liability.
In Holland v. JPMorgan Chase Bank, plaintiff Steven W. Holland sued
