Joshua Threadcraft

Joshua Threadcraft

Burr & Forman

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the...more

1/31/2017 - 1099s Antitrust Provisions Conservation Easements Damages DOJ Economic Development Financial Markets Financial Sector FTC Human Resources Professionals Intellectual Property Protection IRS Patent Infringement Patents S-Corporation SEC Securities Trump Administration

Banking & Financial Services E-Note - December 2016

Last month, the IRS issued final regulations repealing its rule requiring that a Form 1099-C be filed whenever a financial institution (or certain other limited taxpayers) fails to receive payment on a debt for 36 consecutive...more

12/29/2016 - ATDS Banking Sector Child Care Consumer Bankruptcy Dischargeable Debts E-Verify EEO-1 EEOC FCC Financial Institutions Financial Services Industry H-1B Immigration Reform IRS Joint Employers Maternity Leave Minimum Wage NLRB OSHA Pay Equity Laws Required Forms TCPA Trump Administration Wage and Hour Wages White-Collar Exemptions Workplace Injury Workplace Safety

What Is an ATDS? The New Battleground in TCPA Litigation Since The FCC’s Declaratory Ruling

The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more

12/12/2016 - ATDS Auto-Dialed Calls Declaratory Judgments FCC Popular Prior Express Consent Robocalling TCPA Telecommunications

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to...more

10/31/2016 - ATDS Banks Bond Financing Consumer Bankruptcy Debt Collection Dodd-Frank FDCPA Financial Institutions Financial Sector Foreclosure Investment Management Midland Funding v Johnson Mortgage Lenders Mortgages Retirement Shopping Centers TCPA Time-Barred Debt

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

10/12/2016 - Article III ATDS Auto-Dialed Calls Cell Phones Dismissal With Prejudice First Amendment Injury-in-Fact Robocalling Standing TCPA Telecommunications

Two Florida Courts Stay Cases Pending Outcome of FCC Declaratory Ruling Appeal

Coatney v. Synchrony Bank, No. 6:16-cv-389-Orl-22TBS (M.D. Fla. Aug. 2, 2011), Ricks v. Allied Interstate, LLC, No. 3:16-cv-00205-HES-PBD (M.D. Fla. July 11, 2016). In two recently published cases, the U.S. District...more

9/7/2016 - ATDS Auto-Dialed Calls Declaratory Rulings FCC Stays

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016) Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more

9/2/2016 - Arbitration Banking Sector Citibank Class Action Consumer Contracts Credit Cards Debt Collection Motion to Compel Prior Express Consent TCPA

Banking & Financial Services E-Note - August 2016

The Supreme Court’s ruling in Spokeo, Inc. v. Robins, continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt Collection Practices Act. Please...more

8/30/2016 - ATDS FDCPA Financial Sector Housing Market Injury-in-Fact Mortgages Spokeo v Robins Summary Judgment TCPA Urban Planning & Development

California Court Strikes Fail-Safe TCPA Class Definition

Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more

8/24/2016 - ATDS Auto-Dialed Calls Cell Phones Class Action Class Members Debt Collection Financial Sector Prior Express Consent Robocalling TCPA Telecommunications

Illinois District Court Dismisses TCPA Claim Because Calls Were Not Unwanted or Unwelcome

Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more

8/19/2016 - ATDS Auto-Dialed Calls Cell Phones Dismissals Federal Rule 12(b)(1) Right to Privacy Robocalling Subject Matter Jurisdiction TCPA Zone of Interests

Dismissal of TCPA Claims for Lack of Standing Does Not Mandate Remand to the State Court

After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff...more

8/18/2016 - ATDS Cell Phones Dismissals Motion to Amend Remand Robocalling Standing Subject Matter Jurisdiction Summary Judgment TCPA

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) - Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop...more

8/18/2016 - ATDS Auto-Dialed Calls Corporate Counsel Robocalling Summary Judgment TCPA Telecommunications Text Messages

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

8/17/2016 - ATDS Auto-Dialed Calls Declaratory Judgments Educational Institutions Emergency Alerts FCC Mobile Devices Prior Express Consent Robocalling TCPA Telecommunications Text Messages Utilities Sector

California Court Dismisses TCPA Claim For Lack of Standing

Romero v. Department Stores National Bank, 15-cv-193-CAB-MDD (S.D. Cal. Aug. 5, 2016) - On the eve of trial, the Court dismissed Plaintiff’s claims for lack of standing relying on the Supreme Court case of Spokeo v....more

8/15/2016 - Article III ATDS Auto-Dialed Calls Corporate Counsel Dismissals Injury-in-Fact Robocalling Spokeo v Robins Standing TCPA

FCC Consumer Advisory Committee Recommends Final Rule Pursuant to Bipartisan Budget Act of 2015 With Consumer Protections

On June 10, 2016, the FCC Consumer Advisory Committee recommended promulgation of a Final Rule pursuant to the Bipartisan Budget Act of 2015, containing the following consumer protections: Calls pursuant to the exception...more

6/16/2016 - Bipartisan Budget Debt Collection FCC FDCPA Final Rules Financial Sector Right to Privacy Telecommunications Text Messages

Political Organizations File Suit Over Constitutionality of TCPA

American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016). On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in...more

6/15/2016 - Auto-Dialed Calls Cell Phones Commercial Speech Content-Based Restrictions Declaratory Rulings First Amendment Robocalling TCPA Telecommunications Wireless Devices

Supreme Court Rules in Spokeo, Requiring “Concrete and Particularized Harm” For Standing

In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding...more

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages TCPA

Ninth Circuit Affirms Denial of TCPA Class Due To “Significant Uncommon Questions” And Ascertainability Issues

Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court’s denial of plaintiff’s...more

2/10/2016 - Ascertainable Class Class Certification Rule 23(b)(3) TCPA Text Messages

Middle District of Florida Holds Arbitrability of TCPA Claims Question for Arbitrator

Harrington v. Regions Bank, No. 2:15-cv-522-Ftm-29MRM (M.D. Fla. Jan. 29, 2016) - Before the Court was Defendant’s Motion to Compel Arbitration and Stay Proceedings. Plaintiffs opposed the Motion, contending that their...more

2/10/2016 - Arbitration Loan Documentation Motion to Compel Stays TCPA

New York District Court Denies Attempt To Defeat TCPA Class Certification By Depositing Funds Into Court, Citing Campbell Ewald

Brady v. Basic Research, L.L.C., 2:13-cv-7169 (SFJ) (ARL) (E.D.N.Y. Feb. 3, 2016) The day after Campbell Ewald Co. v. Gomez was decided by the United States Supreme Court, Defendants moved for permission to deposit funds...more

2/10/2016 - Campbell Ewald v Gomez Class Certification Mootness Rule 68 Settlement Offer TCPA

Supreme Court Holds Offer of Settlement/Judgment Does Not Moot Claims Under Certain Circumstances

Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 WL 228345 (U.S. Jan. 20, 2016) In a much anticipated decision, a majority of the United States Supreme Court held that unaccepted offers of full judgment and settlement do...more

1/29/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

New York District Court Holds TCPA Claim Within Scope of Arbitration Provision

Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a “big box” electronic store card,...more

1/29/2016 - Arbitration ATDS Credit Cards Motion to Compel Popular Robocalling TCPA

Banking & Financial Services E-Note - January 2016

In Deutsche Bank Nat’l Trust Co. v. Estrella Perez, et al., No. 3D15-58, 2015 WL 8347002 (Fla. 3d DCA Dec. 9, 2015), Florida’s Third District Court of Appeal held that the trial court erred in dismissing a foreclosure case on...more

1/29/2016 - Banking Sector Bankruptcy Code Deutsche Bank Dodd-Frank FDCPA FIRPTA Foreclosure Mortgages Reporting Requirements Withholding Requirements

Florida District Court Dismisses Class Action Complaint Against Tampa Bay Buccaneers Due Rule 68 Offer Of Judgment

Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013). Three dentists, a pest control service and two other alleged recipients of unsolicited faxes...more

12/6/2013 - Class Action Dismissals Football Rule 68 TCPA Unsolicited Faxes

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