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

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

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

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

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

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

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