Last week, in Morgan v. Adventist Health Systems/Sunbelt, Inc., et al., the United States District Court for the Middle District of Florida joined a number of courts post-ACA International in holding that a telephony system must have the present capacity to randomly or sequentially generate telephone numbers in order to qualify as an
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
In December, the United States District Court for the Northern District of Georgia refused to submit to arbitration a dispute alleging violation of the Telephone Consumer Protection Act because plaintiff Keith Hobbs provided a declaration stating that he did not visit defendant Apollo Interactive, Inc.’s website. In doing so, the Court kept alive a TCPA
Judge Cecilia M. Altonaga of the Southern District of Florida started the New Year by granting a motion to stay a pending Telephone Consumer Protection Act case, Barnes, et al. v. CS Marketing LLC, et al.
In Barnes, the plaintiffs allege that the defendants are vicariously liable for telemarketing calls placed to them
With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.
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The United States District Court for the Middle District of Pennsylvania recently held that a pro se plaintiff failed to plead facts sufficient to demonstrate that an agency relationship existed. This holding reinforced the need for specificity in Telephone Consumer Protection Act claims that allege vicarious liability.
In Robert D. Kline v. Elite Medical Laboratories
Constitutional challenges to the Telephone Consumer Protection Act may be coming to a head. In a series of rulings this year, courts around the country have struck down an exception to the TCPA’s prohibition against auto-dialed calls to cell phones. Several litigants have filed petitions asking the United States Supreme Court to review these decisions.
Consent and revocation of consent are the mainstay issues in Telephone Consumer Protection Act litigation. On December 11, the United States District Court for the Southern District of Georgia reminded litigants of the requirements to assert a claim under the TCPA.
In Oatman v. Augusta Collection Agency, plaintiff Junior Oatman sued collection company Augusta
In Kempton v. Life for Relief & Dev. Inc., plaintiff Ty Kempton initially filed a class action complaint alleging violations of the Telephone Consumer Protection Act in the United States District Court for the Eastern District of Michigan. When faced with the possibility of an adverse ruling, Kempton voluntarily dismissed his claim and refiled
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