In Brooks v. The Kroger Co., No. 3:19-cv-00106 (S.D. Cal. Aug. 12, 2019), Judge Anthony J. Battagalia found that automated calls from grocery retailer The Kroger Company warning about salmonella fit within the emergency exception to the Telephone Consumer Protection Act.
Plaintiff Derrick Brooks claimed that Kroger called him “for marketing purposes” using an
This month, in Charvat v. LE Energy, LLC, No. 2:19-cv-1325, 2019 WL 3891830 (S.D. Ohio Aug. 19, 2019), an Ohio district court judge denied a defendant’s motion to dismiss a plaintiff’s allegation of violation of the Telephone Consumer Protection Act when an unidentified entity placed a telemarketing call to the plaintiff’s residential phone number,
On August 22, state attorneys general from all fifty states and the District of Columbia, in conjunction with large telecom companies, unveiled a new agreement to combat robocalls. This is the latest step from the government and the telecom industry to address this growing problem as Americans get nearly 5 billion automated calls every month.
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