Joshua Threadcraft

Joshua Threadcraft

Burr & Forman

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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

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

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

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

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

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