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Ohio District Court Holds TCPA Unenforceable From 2015 Through 2020

Lidenbaum v. Realgy, LLC, 2020 WL 6361915 (N.D. Ohio Oct. 29, 2020) - Pending before the Court was a class action lawsuit, contending Defendants violated the Telephone Consumer Protection Act, 47 § U.S.C. 227 (“TCPA”)....more

Supreme Court Severs Unconstitutional Provision of TCPA Exempting Robocalls Made To Collect Government Debt

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

Eleventh Circuit Holds Consent in Bargained-For Contract Cannot Be Unilaterally Revoked

Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020). Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more

Minnesota District Court Holds Predictive Dialer Not ATDS Under TCPA And Defendant Not Liable For Prerecorded Messages To...

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

Middle District of Florida Holds Contractual Consent Cannot Be Unilaterally Revoked

Medley v. Dish Network, LLC, Case No. 8:16-cv-3534-36TBM, 2018 WL 4092120 (M.D. Fla. Aug. 27, 2018) - Joining a host of courts across the county, the U.S. District Court for the Middle District of Florida recently ruled...more

Alabama District Court Holds Bargained For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

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

Second Circuit Holds Contractually Provided Consent Cannot Be Revoked

Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv (2nd Cir. August 21, 2017) - Plaintiff leased a car from Defendant. A term of the lease stated: You [Reyes] also expressly consent and agree that Lessor...more

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016) Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more

California Court Strikes Fail-Safe TCPA Class Definition

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

FCC Consumer Advisory Committee Recommends Final Rule Pursuant to Bipartisan Budget Act of 2015 With Consumer Protections

On June 10, 2016, the FCC Consumer Advisory Committee recommended promulgation of a Final Rule pursuant to the Bipartisan Budget Act of 2015, containing the following consumer protections: Calls pursuant to the exception...more

Eastern District Of Kentucky Holds Plaintiff Must Arbitrate TCPA Claims Based On Calls Seeking Debt From Third Party

Whaley v. T-Mobile, USA, Inc., No. 13-31-DLB-JGW, 2013 WL 5155342 (E.D. Ky. Sept. 12, 2013) - Plaintiff opened a cell phone account with Defendant. Terms and conditions of the account included an arbitration provision...more

Pennsylvania District Court Holds Debt Collection Calls Not Covered By TCPA

Roy v. Dell Fin. Services, LLC, No. 3:13-cv-738, 2013 WL 3678551 (M.D. Pa. July 12, 2013) - Plaintiff, who purchased computers and did not pay debt owed, filed suit against Defendant alleging that Defendant called him...more

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