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Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

TCPA - Dead or Alive?

We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone Consumer Protection Act. So where is the...more

Florida “Mini-TCPA” Signed Into Law, Impacts Autodialed Telemarketing Calls and Text Messages

It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more

Amendment to Florida Law May Create “Mini-TCPA” and Impose Heightened Restrictions on Businesses

Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more

Direct Energy Defeats TCPA Claim: No Liability for Unknown Telemarketer’s Calls

With all the talk of the Supreme Court’s decision in AAPC, it’s upcoming decision in Facebook, and all the other currently hot items-of-the-year in TCPA litigation (Creasy, etc.), it can be easy to skip past decisions that...more

Serial TCPA Litigant’s Claims Dismissed For Inadequately Pleading Whether His Number is Protected By TCPA

Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more

State Collection Services Defeats TCPA/FDCPA Claim: Debtor Gave Effective Consent and No Evidence of Intent to Harass

Just because the number of TCPA and FDCPA claims is falling (for now) is not necessarily a guarantee that the quality of remaining cases is any better, as evidenced by the Western District of Wisconsin’s recent decision in...more

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

AAPC In Review

In July of 2020, the Supreme Court issued its highly anticipated decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020), known ever since as the AAPC decision. The Supreme Court set...more

ATDS, WTF? Where Are We On The TCPA’s Autodialer Decision

The Telephone Consumer Protection Act (TCPA) provides a (deceptively?) simple definition of an Automatic Telephone Dialing System (ATDS): The term “automatic telephone dialing system” means equipment which has the capacit...more

Hagood Not-So-Good for Plaintiffs’ TCPA Lawyers: Randall Snyder DQ’ed (Again) As TCPA Expert

As the walls start to close in for the plaintiffs’ bar on the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”), plaintiffs’ attorneys continue to rely on...more

4/14/2020  /  ATDS , Auto-Dialed Calls , Expert Witness , TCPA

Duran Duran: Second Circuit Complicates TCPA Litigation

The dust was finally settling. District and Circuit courts around the country were rejecting the Ninth Circuit’s overly broad interpretation of the definition of an automatic telephone dialing system (“ATDS”) under the...more

Seventh Circuit Deals Another Critical Blow to TCPA Litigation

Following the Eleventh Circuit’s opinion a few weeks ago, the Seventh Circuit just held that dialing equipment must be capable of storing or producing telephone numbers using a random or sequential number generator in order...more

Federal Missouri Court Continues To Rein In Expansive TCPA Interpretation

The Telephone Consumer Protection Act case law interpreting the definition of an “automatic telephone dialing system” (“ATDS”) is changing under plaintiffs’ feet and coalescing against the definition set forth in Marks v....more

Defense Victory: Eleventh Circuit Demolishes Expansive TCPA Interpretation - Holds an ATDS Must Randomly or Sequentially Generate...

On January 28, 2020, the Eleventh Circuit Court of Appeals dealt a body-blow to serial TCPA scammers and everyone else who has disingenuously argued over the past decade that any type of “automated” dialing equipment is...more

Where’s the Beef? TCPA “Emergency Purposes” Exception Kills Class Action

The potential payday of a TCPA class action is huge. Sometimes, it makes otherwise good attorneys convince themselves of really bad ideas when chasing those dollar signs. Derrick v. Kroger Co., No. 3:19-cv-00106, 2019 U.S....more

Let It Snow! Two Courts on the Same Day Hold That Random/Sequential Number Generation Required Under the TCPA

In Snow v. GE, No. 5:18-CV-511-FL, 2019 U.S. Dist. LEXIS 99760 (E.D.N.C. June 14, 2019), a North Carolina federal court dismissed a TCPA claim on the grounds that dialing equipment must possess a random or sequential number...more

Credit Adjustments, Inc. Defeats Putative TCPA Class Action

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more

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