News & Analysis as of

Discovery Auto-Dialed Calls

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

Womble Bond Dickinson

Courts Becoming More Inclined to Grant Stays Pending Outcome in Facebook v. Duguid

Womble Bond Dickinson on

On December 8, 2020, the Supreme Court heard oral argument in Facebook v. Duguid on the issue of the definition of an automatic telephone dialing system (“ATDS”) under the TCPA. Prior to oral argument, rulings on motions to...more

Womble Bond Dickinson

TCPA Classes Failing Failsafe Rule: Why Courts Should Start Taking the Rule Against Failsafe Classes A Little More Seriously at...

Womble Bond Dickinson on

TCPA cases often involve brightly-lit esoteric legal issues that attract law nerd moths like me from all corners. Last week I explored one way intervention, and I had so much fun that this week I’d like to ruminate on the...more

Womble Bond Dickinson

Middle District of Florida Court Finds Predictive Dialers Not Subject to TCPA Unless They Randomly or Sequentially Generate...

Womble Bond Dickinson on

Well Ocwen is certainly on a roll. Just weeks after delivering a stellar win on ATDS issues in Keyes, the feisty servicer is at it again, delivering TCPAland its first ATDS ruling out of the state of Florida following ACA...more

Womble Bond Dickinson

Nothing Common About This Ruling: Court Finds Lack of Even a Threshold Common Issue in TCPA Certification Bid

Womble Bond Dickinson on

Class actions under the Telephone Consumer Protection Act (“TCPA”) are rarely, if ever, certified in the debt collection context outside of highly-unique circumstances. So today’s decision in Frederick Luster v. Green Tree...more

Womble Bond Dickinson

Double Whammy!: Court in Eastern District of Michigan Excludes Plaintiff’s Expert Report, Then Grants Summary Judgment on TCPA...

Womble Bond Dickinson on

It’s hard to keep track of developments on ATDS functionality these days, as week-by-week we’ve had courts across the country coming out on different sides of this raging debate. This week is no different, and we have a nice...more

Womble Bond Dickinson

Making them Work For It: Court Dismisses TCPA Case for Lack of Factual Allegations Regarding ATDS Usage

Womble Bond Dickinson on

Quick tip: While the focus these days in TCPAland is on the definition of ATDS–and quite properly so— it should not be forgotten that threadbare recitals of ATDS usage at the pleadings stage are categorically improper....more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

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