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
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
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
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
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
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
American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016).
On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in...more
Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a “big box” electronic store card,...more
The Telephone Consumer Protection Act defines the phrase Automatic Telephone Dialing System (ATDS) as equipment that has the capacity:
(A) to store or produce telephone numbers to be called, using a random or...more
Hunt v. 21st Mortgage Corp., No. 2:12-cv-2697-WMA, 2013 WL 5230061 (N.D. Ala. Sept. 17, 2013) -
Pending before the court was a Motion to Compel Discovery during which the issue of what constitutes an Automatic...more
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