The Ninth Circuit is not going to reconsider a recent ruling that shook the world of Telephone Consumer Protection Act litigation and has thereby set the stage for a confrontation with the Federal Communications Commission’s powers over the TCPA.
On September 21, the Ninth Circuit issued a decision in Marks v. Crunch San Diego that,
On Friday, October 26th the Ninth Circuit upheld the Central District of California’s dismissal of plaintiff Jalen Epps’s First Amended Complaint for Earth Fare, Inc.’s alleged violation of the TCPA and California’s Unfair Competition Law. Epps is considered an “Opt-Out evader”—she has multiple suits pending against retailers with identical allegations. She consents to receiving text
On October 18, the Northern District of Georgia issued an Order denying attempts by defendants IDT Corporation and IDT Telecom, Inc. (collectively “IDT”) to strike a putative Telephone Consumer Protection Act class on grounds established in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017). In Dennis v. IDT,
09.21.18
Executive Summary
If a consumer signs a contract with a creditor in which the consumer consents to be called, can he or she later revoke that consent if they simply change their mind? In a significant decision under the Telephone Consumer Protection Act, a District Court in the Eleventh Circuit recently said they cannot. A
In a case of first impression, the United States District Court for the Western District of Michigan held that direct-to-voicemail messages qualify as a “call” under the Telephone Consumer Protection Act. The Court’s opinion thus subjects another modern technology to the requirements of express consent and other strictures of the TCPA.
Defendant debt collector Dyck-O’Neal,
The Third Circuit recently applied the D.C. Circuit’s decision in ACA International v. FCC and granted summary judgment in favor of the defendant in a Telephone Consumer Protection Act claim. The Court held in Dominguez v. Yahoo, Inc. that Yahoo’s Email SMS Service was not an automatic telephone dialing system (or “ATDS”) because it
On May 31, the Fourth Circuit Court of Appeals affirmed a $150,000 sanctions award against three consumer attorneys and their law firms for bad faith conduct and misrepresentations.
The opinion reads like a detective story and lays out, in the Court’s own words, “a mosaic of half-truths, inconsistencies, mischaracterizations, exaggerations, omissions, evasions, and failures to
On Monday, May 14, 2018, the Federal Communications Commission (“FCC”) issued a public notice seeking comment on interpretation of the Telephone Consumer Protection Act (“TCPA”) in light of the D.C. Circuit’s decision in ACA International v. FCC. The notice reflects an intent by the FCC to take up the proper interpretation of the TCPA
On May 3, the U.S. Chamber of Commerce and 17 trade groups filed a petition with the Federal Communications Commission for a declaratory ruling seeking a narrow definition of an automatic telephone dialing system, or “ATDS” – one of the key components of liability under the Telephone Consumer Protection Act.
The decision follows the D.C.