Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023) -
Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices,...more
Perrong v. Montgomery County Democratic Committee, et al., No. 22-cv-4475 (E.D. Pa. July 18, 2023)...
Plaintiff sued Defendants, claiming that they violated the Telephone Consumer Protection Act’s prohibition of making...more
Facebook, Inc. v. Duguid, et. al., No. 19-511, 2021 WL 1215717 (S.Ct. April 1, 2021) On April 1, 2021, the United States Supreme Court released its much anticipated decision addressing the definition the phrase “Automatic...more
Elzen v. Global Strategy Group, LLC, et al., No. 20-cv-3541 (JPO), 2021 WL 185328 (S.D.N.Y. Jan. 19, 2021) -
Plaintiff filed a putative class action, claiming Defendants violated the Telephone Consumer Protection Act, 47...more
Barr v. American Association of Political Consultants, Inc., No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020)
* Procedural History of the Case
Plaintiffs; political and nonprofit organizations seeking to make...more
7/8/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
Elizabeth Panzarella v. Navient Solutions, LLC, No. 18-3735, 2020 WL 3250508 (E.D. Pa. June 16, 2020) -
Two Plaintiffs filed suit relating to calls Defendant made when a relative’s loan became delinquent. Defendant moved...more
Whittaker v All Reverse Mortgage Inc.. No. CV 20-08016-PCT-DLR, 2020 WL 28229785 (D. Ariz. May 29, 2020) -
Plaintiff filed a putative class action, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more
Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019) -
Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell...more
Plaintiff filed suit alleging Defendant violated the TCPA by calling his recently assigned cell phone number 140 times to collect debt from another, including leaving 4 prerecorded messages. ...more
Gaza v. Auto Glass America, LLC, No. 8:17-cv-1811-T-27AEP, 2018 WL 5775915 (M.D. Fla. Nov. 2, 2018) -
Plaintiff alleged that he received five text messages, asserting claims for violation of the TCPA. Defendant moved for...more
Harris v. Navient Solutions, LLC, No. 3:15-cv-546, 2018 WL 3748155 (D. Conn. Aug. 7, 2018) -
Plaintiff signed promissory notes to secure student loans in which she provided her telephone number, agreed to update Defendant...more
8/15/2018
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Consumer Financial Products ,
Contract Terms ,
Financial Services Industry ,
Navient ,
Promissory Notes ,
Student Loans ,
Summary Judgment ,
TCPA
Few v. Receivables Performances Management, No. 1:17-cv-2038-KOB, 2018 WL 3772863 (N.D. Ala. Aug. 9, 2018) -
The Telephone Consumer Protection Act, 47 U.S.C. §227 (TCPA), prohibits calls to cellular telephones using an...more
Pinkus v. Sirius XM Radio, Inc., No. 16 C 10858, 2018 WL 3586186 (N.D. Ill. July 26, 2018) -
Plaintiff filed suit, alleging Defendant violated the TCPA by, among other things, placing more than 100 calls to his cell phone...more
Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone, Jr. and Senator Ed Markey entitled...more
6/13/2018
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Legislative Agendas ,
Popular ,
Proposed Legislation ,
Reassigned Phone Numbers ,
Regulatory Oversight ,
Regulatory Requirements ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications
Herrick v. GoDaddy.com, LLC, No. CV 16-00254-PHX-DJH, 2018 WL 2229131 (D. Ariz. May 14, 2018) -
Background -
In 2015, Defendant contracted with a third-party web-based software application company called 3Seventy to...more
On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more
The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more
Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more
10/12/2016
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Dismissal With Prejudice ,
First Amendment ,
Injury-in-Fact ,
Robocalling ,
Standing ,
TCPA ,
Telecommunications
Coatney v. Synchrony Bank, No. 6:16-cv-389-Orl-22TBS (M.D. Fla. Aug. 2, 2011), Ricks v. Allied Interstate, LLC, No. 3:16-cv-00205-HES-PBD (M.D. Fla. July 11, 2016).
In two recently published cases, the U.S. District...more
Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) -
At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more
8/24/2016
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Class Members ,
Debt Collection ,
Financial Institutions ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications
Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more
After granting summary judgment for lack of standing against a plaintiff who bought multiple cell phones and numbers for purposes of filing TCPA lawsuits, the Court was faced with a Motion to Amend Judgment wherein Plaintiff...more
Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) -
Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop...more
On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more
8/17/2016
/ ATDS ,
Auto-Dialed Calls ,
Declaratory Judgments ,
Educational Institutions ,
Emergency Alerts ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Text Messages ,
Utilities Sector
Romero v. Department Stores National Bank, 15-cv-193-CAB-MDD (S.D. Cal. Aug. 5, 2016) -
On the eve of trial, the Court dismissed Plaintiff’s claims for lack of standing relying on the Supreme Court case of Spokeo v....more