Joshua Threadcraft

Joshua Threadcraft

Burr & Forman

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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

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

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

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

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