Justin Kay

Justin Kay

Drinker Biddle & Reath LLP

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Latest Publications


Plaintiff’s Counsel Concedes Applicability of Arbitration Provision to TCPA Suit

The Eastern District of North Carolina recently granted a motion compelling arbitration in a TCPA case involving debt-collection calls allegedly made to plaintiff’s cellular telephone. See Rice v. Credit One Fin., No....more

8/8/2015 - Arbitration Cell Phones Credit Cards Debt Collection Motion to Compel TCPA Voluntary Dismissals

First Challenge to July 2015 Declaratory Ruling Already Filed

While the July 10, 2015 Declaratory Ruling and Order was released after the close of business on Friday, one petitioner has already filed a petition for review of the Declaratory Ruling: ACA International (the Association of...more

7/14/2015 - Declaratory Rulings Due Process FCC Free Speech Prior Express Consent

Illinois Federal Court Follows Eleventh Circuit’s Broad Definition of “Sender” in Blast Fax Case

Through prior posts (see here, here, and here), we have monitored the FCC’s somewhat perplexing distinction between calls and faxes in the context of analyzing direct and vicarious liability under the TCPA. Just two months...more

6/16/2015 - Advertising Faxes FCC Liability Putative Class Actions TCPA Third-Party Liability Unsolicited Faxes

The FTC Is Looking For A Few Good Robocall Hackers

The FCC is not the only federal agency tasked with regulating telephone calls. The FTC also regulates telephone calls pursuant to the Telemarketing Sales Rule (“TSR”) (16 C.F.R. § 310 et seq.). And while the scope of the TCPA...more

7/31/2014 - FTC Robocalling Telemarketing Telemarketing Sales Rule

Federal Court Finds That TCPA Plaintiff Consented To Debt Collection Calls by Providing Phone Number On Hospital Admission Form

On June 25, Judge Michael Anello of the Southern District of California granted summary judgment in favor of defendant Sharp Healthcare (“Sharp”) in Hudson v. Sharp Healthcare, 13cv1807-MMA, a purported class action alleging...more

7/7/2014 - Debt Collection FCC Healthcare Hospitals TCPA

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