The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more
3/30/2022
/ Coronavirus/COVID-19 ,
Emergency Rule ,
FCC ,
Florida ,
Health Care Providers ,
Healthcare Facilities ,
Liability ,
Motion to Dismiss ,
State and Local Government ,
TCPA ,
Text Messages
The Fifth Circuit recently held that a TCPA plaintiff who received a single text message suffered an Article III injury sufficient to support standing for his claim. In Cranor v. 5 Star Nutrition, L.L.C., No. 19-51173, 2021...more
The Eastern District of Texas recently dismissed a plaintiff’s TCPA claim in Cunningham v. Matrix Financial Services, LLC, No. 4:29-cv-896 (E.D. Tex. Mar. 31, 2021) for lack of subject matter jurisdiction.
This decision...more
5/3/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Exceptions ,
Government Debt-Exception ,
Motion to Dismiss ,
Robocalling ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA
The Southern District of California recently dismissed the TCPA case Hildre v. Heavy Hammer, Inc., No. 3:20-cv-00236, 2021 WL 734431 (S.D. Cal. Feb. 25, 2021), for the plaintiff’s failure to adequately allege that the...more
The District of Arizona recently dismissed Winters v. Grand Caribbean Cruises, Inc., No. 20-0168, 2021 WL 511217 (D. Ariz. Feb. 11, 2021), for lack of personal jurisdiction, finding that the plaintiffs had failed to establish...more
The Supreme Court recently declined to review the Seventh Circuit’s ruling in Mussat v. IQVIA, Inc., 953 F.3d 441 (7th Cir. 2020), which found that the logic of Bristol-Myers Squibb Co. v. Superior Court of California, 582 US...more
The Southern District of Florida recently dismissed a TCPA claim sua sponte for lack of subject matter jurisdiction, finding that the plaintiff had not alleged a concrete injury-in-fact. See Perez v. Golden Trust Insurance,...more
A court in the Southern District of Florida recently held that the plaintiff in a TCPA suit was not the “called party” under the statute because he received the calls in question only because his cousin rerouted them to the...more
The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more
11/22/2019
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Credit Cards ,
Debt Collection ,
Motion for Summary Judgment ,
Opt-Outs ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Text Messages
The Western District of Washington recently held in Vallianos. v. Schultz, C19-0464-JCC, 2019 WL 4980649 (W.D. Wash. Oct. 8, 2019), that two text messages encouraging recipients to view a livestream of a political speech by...more
The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more
8/30/2019
/ Article III ,
Class Action ,
Class Certification ,
Injury-in-Fact ,
Interlocutory Appeals ,
Motion to Dismiss ,
Reversal ,
Standing ,
TCPA ,
Text Messages ,
Unsolicited Phone Calls