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The Eastern District of New York Holds that Spending a “Sizeable Minority of Time” at Your Mother’s House Does not Make You a...

Bank v. ICOT Holdings, LLC, 18-cv-02554 (AMD) (PK), 2024 WL 278460 (E.D.N.Y. Jan. 25, 2024) - Pro se Plaintiff, an attorney, filed a class action lawsuit alleging that two calls he answered at his mother’s house...more

Ninth Circuit Holds Text Messages Are Not Prerecorded Calls

Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) - Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more

Pennsylvania District Court Holds Sequential Calls From a List Does not Violate the TCPA

Perrong v. Montgomery County Democratic Committee, et al., No. 22-cv-4475 (E.D. Pa. July 18, 2023)... Plaintiff sued Defendants, claiming that they violated the Telephone Consumer Protection Act’s prohibition of making...more

New Jersey District Court Dismisses TCPA Case with Prejudice for Failure to Properly Identify Defendant

Brennan Landy v. Vision Solar, LLC d/b/a Solar Exchange, No. 21-20241 2023 WL 4578993 (D.N.J. July 18, 2023) - In this case, Plaintiff filed a putative class action alleging Defendant violated the Telephone Consumer...more

Eleventh Circuit Vacates TCPA Class Settlement for Lack of Standing, Suggesting Reconsideration of Glasser v. Hilton Grand...

Drazen v. GoDaddy.com, LLC, No. 21-10199 (11th Cir. July 27, 2022) Plaintiffs’ Claims and Allegations - Plaintiff’s claims, and those advanced in two separately filed class action lawsuits alleging violation of the...more

United States Supreme Court Weighs in on Definition of Automatic Telephone Dialing System in TCPA

Facebook, Inc. v. Duguid, et. al., No. 19-511, 2021 WL 1215717 (S.Ct. April 1, 2021) On April 1, 2021, the United States Supreme Court released its much anticipated decision addressing the definition the phrase “Automatic...more

New York District Court Stays Putative TCPA Class Action Pending Outcome of Facebook v. Duguid

Elzen v. Global Strategy Group, LLC, et al., No. 20-cv-3541 (JPO), 2021 WL 185328 (S.D.N.Y. Jan. 19, 2021) - Plaintiff filed a putative class action, claiming Defendants violated the Telephone Consumer Protection Act, 47...more

Ohio District Court Holds TCPA Unenforceable From 2015 Through 2020

Lidenbaum v. Realgy, LLC, 2020 WL 6361915 (N.D. Ohio Oct. 29, 2020) - Pending before the Court was a class action lawsuit, contending Defendants violated the Telephone Consumer Protection Act, 47 § U.S.C. 227 (“TCPA”)....more

Supreme Court Severs Unconstitutional Provision of TCPA Exempting Robocalls Made To Collect Government Debt

Barr v. American Association of Political Consultants, Inc., No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020) *             Procedural History of the Case Plaintiffs; political and nonprofit organizations seeking to make...more

Pennsylvania District Court Dismisses TCPA Claim Because Numbers Called Were Stored In, And Uploaded From Separate SQL Server

Elizabeth Panzarella v. Navient Solutions, LLC, No. 18-3735, 2020 WL 3250508 (E.D. Pa. June 16, 2020) - Two Plaintiffs filed suit relating to calls Defendant made when a relative’s loan became delinquent. Defendant moved...more

Arizona District Court Stays TCPA Case Pending Ruling By Supreme Court in Barr v. AAPC

Whittaker v All Reverse Mortgage Inc.. No. CV 20-08016-PCT-DLR, 2020 WL 28229785 (D. Ariz. May 29, 2020) - Plaintiff filed a putative class action, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more

California District Court Holds Revocation of Consent Sent to Corporate Headquarters Does Not Support TCPA Claim

Vanessa Wright v. USAA Savings Bank, No. 2:19-cv-00591 WBS CKD, 2020 WL 2615441 (E.D. Cal. May 22, 2020) - Plaintiff, who had a credit card account with Defendant for approximately 18 years, retained counsel to address...more

Eleventh Circuit Holds Consent in Bargained-For Contract Cannot Be Unilaterally Revoked

Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020). Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more

Southern District of New York Holds TCPA Claim Fails To Satisfy Minimum Pleadings Requirements When Simply Parroting Statute

Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019) - Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell...more

Southern District of New York Holds Consent Cannot Be Unilaterally Revoked

Ford v. Bluestem Brands, Inc., No. 18 CV 2695 (VB), 2019 WL 1046367 (S.D.N.Y. March 4, 2019) - Defendant provided Plaintiff with a $300 line of credit Plaintiff used to purchase a laptop from Defendant. Plaintiff claimed...more

Minnesota District Court Holds Predictive Dialer Not ATDS Under TCPA And Defendant Not Liable For Prerecorded Messages To...

Plaintiff filed suit alleging Defendant violated the TCPA by calling his recently assigned cell phone number 140 times to collect debt from another, including leaving 4 prerecorded messages. ...more

Florida District Court Grants Summary Judgment Holding Plaintiff Failed To Prove ATDS Used To Send Texts

Gaza v. Auto Glass America, LLC, No. 8:17-cv-1811-T-27AEP, 2018 WL 5775915 (M.D. Fla. Nov. 2, 2018) - Plaintiff alleged that he received five text messages, asserting claims for violation of the TCPA. Defendant moved for...more

Indiana Court Holds Canceling Insurance Is Not Revocation of Prior Express Consent Under TCPA

Wilkes v. CareSource Management Group Co., No. 4:16-cv-38 JVB, 2018 WL 4680028 (N.D. Ind. Sept. 29, 2018) - Plaintiff husband and wife applied for health insurance coverage under the Affordable Care Act through the Health...more

Middle District of Florida Holds Contractual Consent Cannot Be Unilaterally Revoked

Medley v. Dish Network, LLC, Case No. 8:16-cv-3534-36TBM, 2018 WL 4092120 (M.D. Fla. Aug. 27, 2018) - Joining a host of courts across the county, the U.S. District Court for the Middle District of Florida recently ruled...more

Another Court Holds That Bargained-For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

Harris v. Navient Solutions, LLC, No. 3:15-cv-546, 2018 WL 3748155 (D. Conn. Aug. 7, 2018) - Plaintiff signed promissory notes to secure student loans in which she provided her telephone number, agreed to update Defendant...more

Alabama District Court Holds Bargained For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

Few v. Receivables Performances Management, No. 1:17-cv-2038-KOB, 2018 WL 3772863 (N.D. Ala. Aug. 9, 2018) - The Telephone Consumer Protection Act, 47 U.S.C. §227 (TCPA), prohibits calls to cellular telephones using an...more

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

Court Holds ACA International Invalidates 2003, 2008 and 2015 FCC Rulings Regarding ATDS Definition, And Plain Language of TCPA...

Pinkus v. Sirius XM Radio, Inc., No. 16 C 10858, 2018 WL 3586186 (N.D. Ill. July 26, 2018) - Plaintiff filed suit, alleging Defendant violated the TCPA by, among other things, placing more than 100 calls to his cell phone...more

8/2/2018  /  ATDS , Auto-Dialed Calls , FCC , SiriusXM , TCPA

Legislation Proposed in House and Senate Addressing the Definition of “Robocalls,” Revocation and Re-Assigned Numbers

Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone, Jr. and Senator Ed Markey entitled...more

FCC Seeks Comments on TCPA in Wake of ACA International Decision

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

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