Joshua Threadcraft

Joshua Threadcraft

Burr & Forman

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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

FCC Seeks Comment On What Constitutes “Capacity” As The Term Is Used In The TCPA

The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity: (A) to store or produce telephone numbers to be called, using a random or...more

11/25/2013 - FCC Robocalling Spam TCPA Telemarketing

Michigan Court Holds Business Owner Individually Liable For TCPA Violation But Denies Request For Treble Damages

Jackson Five Star Catering, Inc. v. John R. Beason and Tax Connection Worldwide, LLC, No. 10-10010, 2013 WL 5966340 (E.D. Mich. Nov. 8, 2013) - Pending before the Court were several motions, including Defendant...more

11/14/2013 - Advertising Corporate Veil Personal Liability TCPA Treble Damages Unsolicited Faxes

Florida District Court Holds Whether Subscriber Or Person Who Answers Call Possesses TCPA Claim Depends On Circumstances

Cellco Partners v. Plaza Resorts, Inc., No. 12-81238-CIV, 2013 WL 5436553 (S.D. Fla. Sept. 27, 2013) - Plaintiff Cellco Partnership d/b/a Verizon Wireless filed a TCPA claim alleging millions of calls were placed to...more

11/1/2013 - Cell Phones FCC TCPA Telemarketing

TCPA Filings Increase 65 Percent Year-To-Date

The Telephone Consumer Protection Act (TCPA) has increasingly become a target for consumers and their attorneys for suits aimed at collection agencies. TCPA suits in August rose 15.4 percent from July and 72 percent compared...more

10/28/2013 - Collection Agencies FCC TCPA

FCC Rule Requiring Prior Express Written Consent For Telemarketers Goes Into Effect Today

The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The...more

10/17/2013 - FCC Spam Telemarketing Written Consent

Massachusetts District Court Dismisses TCPA Claim, Holding Fax Simply Provided Information About Services Already Available

Physicians HealthSource, Inc. v. Multiplan Services, Corp., No. 12-11693-GAO, 2013 WL 2599134 (D. Mass. Sept. 18, 2013) According to the Complaint, Plaintiff did not give Defendant permission to send it faxes. The TCPA...more

10/11/2013 - Advertising FCC Motion to Dismiss TCPA Unsolicited Faxes

Eastern District Of Kentucky Holds Plaintiff Must Arbitrate TCPA Claims Based On Calls Seeking Debt From Third Party

Whaley v. T-Mobile, USA, Inc., No. 13-31-DLB-JGW, 2013 WL 5155342 (E.D. Ky. Sept. 12, 2013) - Plaintiff opened a cell phone account with Defendant. Terms and conditions of the account included an arbitration provision...more

10/3/2013 - Arbitration Debt Collection TCPA Third-Party

Alabama District Court Holds System Is ATDS If Has Present Capacity To Store Or Produce And Call Numbers At Time Of Call Even If...

Hunt v. 21st Mortgage Corp., No. 2:12-cv-2697-WMA, 2013 WL 5230061 (N.D. Ala. Sept. 17, 2013) - Pending before the court was a Motion to Compel Discovery during which the issue of what constitutes an Automatic...more

9/26/2013 - Motion to Compel Robocalling TCPA

Pennsylvania District Court Holds Debt Collection Calls Not Covered By TCPA

Roy v. Dell Fin. Services, LLC, No. 3:13-cv-738, 2013 WL 3678551 (M.D. Pa. July 12, 2013) - Plaintiff, who purchased computers and did not pay debt owed, filed suit against Defendant alleging that Defendant called him...more

9/23/2013 - Debt Collection FCC Robocalling TCPA Telemarketing

Third Circuit Holds Prior Express Consent Can Be Revoked

Plaintiff completed a credit application to purchase computers, which required her to provide a home phone number. Plaintiff listed her cell phone number but did not identify it as her cell phone number or indicate Defendant...more

9/23/2013 - FDCPA Revocation Spam TCPA Telecommunications Telemarketing

Seventh Circuit Affirms Class Action Holding Fax Was Advertisement

A class action complaint was filed against Defendant who sent 8,430 faxes to more than 200 people containing business advise. The trial court granted judgment against Defendant in the amount of $4,215,000, which Defendant...more

9/20/2013 - Advertising Class Action Faxes Penalties Spam TCPA Unsolicited Faxes

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

5/14/2013 - Class Action Dismissals Federal Rule 12(b)(6) TCPA

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

5/7/2013 - Class Action TCPA

California District Court Dismisses TCPA Claim Against Los Angeles Lakers

According to the Complaint, Plaintiff attended a Lakers basketball game at which time he saw the following statement to fans in the arena: “TEXT your message to 525377.” Plaintiff sent a text message stating “I love you...more

4/29/2013

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

4/25/2013 - Faxes Improper Venue Personal Jurisdiction Personal Liability TCPA

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

4/24/2013 - Class Action Established Business Relationship Opt-Outs TCPA Unsolicited Faxes

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

4/22/2013 - Statute of Limitations TCPA Unsolicited Faxes

New Jersey District Court Certifies Interlocutory Appeal Of Whether State Law Prohibits Maintenance Of TCPA Class Action

Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant’s Motion to Reconsider denial of its Motion to Dismiss Plaintiff’s...more

2/28/2013 - Class Action Interlocutory Appeals TCPA

Illinois District Court Rejects Attempt To Dismiss TCPA Claims Asserting Calls Were Guise Of Political Survey

Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell...more

2/26/2013 - Cell Phones FCC Motion to Dismiss TCPA Unsolicited Phone Calls

Northern District Of Ohio Holds TCPA Claim Not Equitably Tolled And Barred By Statute Of Limitations

In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also...more

2/6/2013 - Equitable Tolling FDCPA Statute of Limitations Subject Matter Jurisdiction TCPA

Alabama District Court Grants Pharmacy’s Motion To Dismiss, Holding Plaintiff’s Claim Barred Because She Provided Her Cell Phone...

After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that...more

1/2/2013 - Consent FCC Pharmacies TCPA Texting

Nevada Supreme Court Holds Prior Express Consent To Call Land Line Applies When Number Ported To Cell Phone

The issue before the court was whether Plaintiff’s prior express consent to call his land line equated consent to call that number when ported to his cell phone. ...more

12/20/2012 - Consent TCPA

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