Joshua Threadcraft

Joshua Threadcraft

Burr & Forman

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Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to...more

10/31/2016 - ATDS Banks Bond Financing Consumer Bankruptcy Debt Collection Dodd-Frank FDCPA Financial Institutions Financial Sector Foreclosure Investment Management Midland Funding v Johnson Mortgage Lenders Mortgages Retirement Shopping Centers TCPA Time-Barred Debt

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

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016) Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more

9/2/2016 - Arbitration Banking Sector Citibank Class Action Consumer Contracts Credit Cards Debt Collection Motion to Compel Prior Express Consent TCPA

Banking & Financial Services E-Note - August 2016

The Supreme Court’s ruling in Spokeo, Inc. v. Robins, continues to have a substantial impact on federal courts, especially with respect to alleged statutory violations of the Fair Debt Collection Practices Act. Please...more

8/30/2016 - ATDS FDCPA Financial Sector Housing Market Injury-in-Fact Mortgages Spokeo v Robins Summary Judgment TCPA Urban Planning & Development

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

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

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