The Fifth Circuit Court of Appeals may now have to decide where it stands on the ATDS issue. On May 20, 2020, Judge Lee Yeakel of the United States District Court for the Western District of Texas issued an opinion in...more
Those of us who have been litigating the Telephone Consumer Protection Act (“TCPA”) have spent the better part of the last decade trying to determine what constitutes an automated telephone dialing system (“ATDS”). ...more
4/10/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Petition for Writ of Certiorari ,
SCOTUS ,
Severability Doctrine ,
Solicitor General ,
Strict Scrutiny Standard ,
TCPA
In Gonzalez v. Ocwen Loan Servicing, LLC, No. 5:18-cv-340-Oc-30PRL, 2018 WL 4217065 (M.D. Fla. Sept. 5, 2018), the Middle District of Florida determined that the D.C. Circuit’s opinion in ACA International v. FCC, 885 F.3d...more
In Washington v. Six Continents Hotels, Inc., No. 2:16-CV-03719-ODW-JEM, 2018 WL 4092024 (C.D. Cal. Aug. 24, 2018), the Central District of California found that ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018)...more
In Keyes v. Ocwen Loan Servicing, LLC, No. 17-cv-11492, 2018 WL 3914707 (E.D. Mich. Aug. 16, 2018), the Eastern District of Michigan determined that the system Ocwen Loan Servicing, LLC (“Ocwen”) used to place calls, the...more
In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC’s interpretations of “automatic telephone dialing system” (“ATDS”)...more
In Barton v. Credit One Financial d/b/a Credit One Bank, No. 16CV2652, 2018 WL 2012876, (N.D. Ohio April 30, 2018), the Northern District of Ohio followed the Second Circuit’s decision in Reyes v. Lincoln Automotive Financial...more
In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more
10/20/2016
/ Article III ,
Ascertainable Class ,
ATDS ,
Cell Phones ,
Class Action ,
Class Certification ,
FRCP 23 ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA
Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more
7/12/2016
/ Article III ,
Cell Phones ,
Corporate Counsel ,
Debt Collection ,
Delinquent Borrowers ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Invasion of Privacy ,
Nuisance ,
Popular ,
Right to Privacy ,
SCOTUS ,
Spokeo ,
Spokeo v Robins ,
Standing ,
Summary Judgment ,
TCPA ,
Wells Fargo
In a much-anticipated decision, the United States Supreme Court ruled on Monday in Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447 (May 16, 2016), that a consumer cannot bring a lawsuit in federal court based only on a...more
5/18/2016
/ Article III ,
Class Action ,
Consumer Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Injury-in-Fact ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
TCPA
As lawsuits asserting claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), continue to rise in the wake of the consumer-friendly Declaratory Ruling and Order issued by the Federal Communications...more
4/6/2016
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Corporate Liability ,
Debt Collection ,
FCC ,
FCCPA ,
FDCPA ,
Robocalling ,
Summary Judgment ,
TCPA ,
Verizon
The writing was on the wall following Justice Elena Kagan’s dissent in Genesis Healthcare Corp. v. v. Symczyk, 133 S. Ct. 1523 (2013), wherein Justice Kagan blasted the view that an unaccepted offer of complete relief made to...more
In Danehy v. Time Warner Cable Enterprise LLC, No. 5:14-cv-133, 2015 WL 5534285 (E.D.N.C. Sep. 18, 2015), the United States District Court for the Eastern District of North Carolina held that a caller’s good-faith belief of...more