Michael Daly

Michael Daly

Drinker Biddle & Reath LLP

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Court Lets Debt-Collector Amend Answer and Assert Counterclaim for Plaintiff’s Debt

In a TCPA class action case concerning debt collection calls, the Southern District of California recently granted a debt-collector defendant’s motion to file an amended answer and assert a counterclaim for breach of contract...more

8/5/2014 - Automotive Loans Breach of Contract Class Action Counterclaims Debt Collection TCPA

Court Lets Plaintiff Revive Mooted Claims In Second Action Against Same Defendants

The Eastern District of New York recently denied a motion to dismiss and found that the plaintiff’s claims were not precluded by a different court’s ruling that the same claims against the same defendants had been mooted by...more

7/14/2014 - Mootness Rules of Civil Procedure

TCPA Plaintiffs Take Aim at the Sports World

Virtually every customer-facing industry has faced TCPA class actions and sports franchises are no exception. In the past few months, both the Los Angeles Clippers and the Buffalo Bills have settled TCPA suits that relate to...more

6/25/2014 - Class Action Franchises Sports TCPA

FCC Denies Petition To Change Its Rules So That It Could Preside Over Class Actions

The FCC recently denied a petition that had asked it to amend its rules so that it could preside over class actions. Although the Petition did not mention the TCPA, it would not have taken long for plaintiffs to create a new...more

5/8/2014 - Advisory Opinions Class Action FCC Public Comment TCPA

Court Dismisses TCPA Action Because Plaintiff Refused to Plead Her Telephone Number

On April 17, Judge Robert Bell of the Western District of Michigan found that a plaintiff does not state a claim under the TCPA if she does not plead the telephone number at which she allegedly had been called. See Strand v....more

4/29/2014 - Pleadings TCPA

Court Finds That System Is Not An ATDS Unless It Can Generate (As Opposed To Merely Dial) Numbers On A Random or Sequential Basis

Judge Baylson of the Eastern District of Pennsylvania recently granted Yahoo! summary judgment in a case challenging Yahoo’s automatic email to text alert system because it did not use an automatic telephone dialing system...more

4/2/2014 - FCC Robocalling TCPA Texting

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