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Text Message Marketing: QuoteWizard (Partially) Stuck with TCPA Class Action

Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more

Set Back For “Set Up” Claims: Court Holds Serial-Plaintiff Lacks Standing to Pursue TCPA Claim

Serial-litigant Mark Leyse was handed a well-deserved defeat after a decade long crusade against Bank of America (“BOA”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Leyse v. Bank of Am., N.A.,...more

Text Message Class Action Dismissed: 5 Minor Texts Don’t Convey Standing

Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more

TCPA Fax Class Action Doomed: Fax Number on Business Card Constitutes Consent

Since the enactment of the Telephone Consumer Protection Act (“TCPA”), the FCC has long held that persons who knowingly and voluntarily release their telephone numbers have provided prior express consent to be called. But...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

TCPA Compliance Curveball: First Circuit Holds That Landline Phone May Be Treated As A Cell Phone For TCPA Purposes

In doing so, the First Circuit both expanded the scope of TCPA liability while simultaneously making compliance virtually impossible for callers. Cellular services and VOIP - The ATDS prohibition of the TCPA regulates...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

Ringless Voicemail: Don’t Believe The TCPA Compliance Hype

Ringless Voicemail (“RVM”), also known as direct-to-voicemail, is a growing telecommunications technology that allows telemarketers and businesses to “drop” voicemails directly into a consumer’s telephone voicemail. To do so,...more

Supreme Court Punts On Whether Courts Are Bound By FCC Orders On The TCPA, But Not Without A Convincing Concurring Opinion

Yesterday morning, the Supreme Court issued its decision in PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc. At issue was whether a TCPA-defendant in a civil case may contest the Federal Communications...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

New PHMSA Lithium Ion Battery Rule Seeks Harmony in the Safe Skies

Safety hazards presented by the air transportation of lithium ion batteries are once again the subject of regulatory action in the United States. The U.S. DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA)...more

InterConnect Newsletter - Spring 2019

Since the U.S. Food and Drug Administration’s (FDA’s) publication of the Final Rule regarding Sanitary Transportation of Human and Animal Food on April 6, 2016, 21 CFR 1.900, et seq. (the STF Rule), there has been an increase...more

Mental Distress for Airline Lawyers - The Sixth Circuit's Decision in Doe v. Etihad

In Doe v. Etihad Airways, P.J.S.C., the U.S. Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air...more

New Air Cargo Screening Regulations Go Into Effect For International Shipments To U.S.

Effective June 12, 2018, U.S. Customs & Border Patrol (CBP) has implemented new interim final rules regarding Air Cargo Advance Screening (ACAS) for inbound aircraft into the United States that have commercial cargo on board....more

Northern District of California Dismisses Claim Against Lufthansa

In Wendelberger v. Deutsch Lufthansa AG, No. 18-cv-01055, 2018 U.S. Dist. LEXIS 88532 (N.D. Cal. May 25, 2018), the Northern District of California recently dismissed a claim against Deutsch Lufthansa AG (“Lufthansa”) on the...more

FCC Seeks $3 Million Fine Against Drone Company

In June, the Federal Communications Commission (“FCC”) proposed imposing a $2.86 million fine against HobbyKing, a seller of “first-person view” navigation devices for unmanned aircraft systems (“UASs”). We previously...more

Aircraft Less Lesson Learned: Is Your Aircraft Properly Insured?

Commercial transactions, particularly those involving aircraft lease agreements and insurance coverage, often involve numerous parties and complex relationships between them. The Eleventh Circuit’s decision in Aviation One of...more

Frequency Check: Is Your UAS FCC Compliant?

The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). The integration of UASs into the national airspace continues to be an area...more

Montreal Convention Statute of Limitations Does Not Apply to Contributions Claims, S.D.N.Y. Holds

In AGCS Marine Ins. Co. v. Geodis Calberson Hungaria Logisztikai KFT, No. 16-CV-9710 (S.D. N.Y. 2017), the Southern District of New York recently held that a contracting carrier’s claims for contribution and indemnification...more

Montreal Convention Liability Could Be Expanding – What You Need To Know

A United States Court of Appeals radically altered the scope of an air carrier’s liability under the Montreal Convention, the international treaty controlling an air carrier’s liability for damages to persons or property...more

Sixth Circuit Expands Air Carrier Liability Under the Montreal Convention: How Should Air Carriers Respond?

In Doe v. Etihad Airways, No. 16-1042 (6th Cir. Aug. 30, 2017), the United States Court of Appeals for the Sixth Circuit radically altered the scope of an air carrier’s liability under the Montreal Convention, the...more

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