On April 12, the United States District Court for the Southern District of California upheld a magistrate judge’s discovery order requiring the production of settlement agreements containing confidentiality provisions.
In Kenneth J. Moser v. Health Insurance Innovations, Inc., consumer plaintiff Kenneth Moser brought putative class action claims against Health Insurance Innovations (“HIIQ”)
The Eastern District of Pennsylvania concluded that an admitted professional litigant stated a claim under the Telephone Consumer Protection Act when he received the defendant’s telemarketing calls on his cell phone. The determinative factor was lack of allegations and evidence that the plaintiff used the phone for the sole purpose of bringing TCPA lawsuits. A
In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer.
The plaintiff in Henderson
On April 19, the Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019. Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA). The FCC’s silence on this topic means yet another month will pass
On April 3, the Northern District of West Virginia issued an order denying Monitronics International, Inc.’s motion for summary judgment on multiple Telephone Consumer Protection Act grounds. In re Monitronics Int’l, Inc., No. 1:13-md-02493-JPB (N.D. W.Va. April 3, 2019). Monitronics sought summary judgment, claiming there was no evidence that it was the seller under
On April 3, Commissioner Jessica Rosenworcel told a House subcommittee that a robocall enforcement unit should be added to the Federal Communications Commission. Highlighting that consumers receive more than 5 billion robocalls a month (up from 2 million calls a month at the beginning of the Trump administration), Rosenworcel stated that “it’s time for the
The District Court in the Northern District of Illinois, in Spiegel v. EngageTel Inc. (N.D. Ill. Mar. 29, 2019), granted summary judgment in favor of defendants EngageTel Inc. and its principal, Dennis Carlson, on certain claims, but left a claim under the Telephone Consumer Protection Act remaining. The District Court’s decision is significant
Partners Virginia B. Flynn, Chad R. Fuller, and Alan D. Wingfield of Troutman Sanders LLP are mentioned in a March 22 Law360 article regarding the United States Supreme Court’s decision to grant review of PDR Network v. Carlton & Harris Chiropractic, a Telephone Consumer Protection Act class action.
PDR Network is a company that
In the amorphous landscape of Telephone Consumer Protection Act jurisprudence, the lack of uniformity, consistency, and predictability has created legal hurdles for businesses and entities whose success in TCPA litigation depends largely on the jurisdiction in which they find themselves. Despite multiple attempts by the FCC to clarify the law, many questions remain. The most
Parties to a class action lawsuit in the U.S. District Court for the Eastern District of Pennsylvania have asked for final approval of a $4 million proposed Telephone Consumer Protection Act settlement in a “wrong number” case. Plaintiff Robert Ward alleged that defendant Flagship Credit Acceptance, LLC called him in violation of the TCPA, as