Courts in the Southern District of California and District of Arizona recently added to the line of decisions addressing ATDS pleading requirements in the wake of the Supreme Court’s landmark ruling in Facebook v. Duguid. ...more
A judge in the U.S. District Court for the Eastern District of Pennsylvania recently concluded that receipt of unwanted text messages in violation of the TCPA can constitute an injury-in-fact for purposes of Article III...more
6/9/2021
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Dismissals ,
Federal Rule 12(b)(6) ,
Injury-in-Fact ,
Jurisdiction ,
Political Advertising ,
Standing ,
TCPA ,
Text Messages
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 Indiana recently entered summary judgment against a certified class of TCPA plaintiffs because it concluded that defendants’ SoundBite platform did not qualify as an ATDS under the standard the...more
In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more
2/25/2020
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
FCC ,
Split of Authority ,
Statutory Interpretation ,
Subject Matter Jurisdiction ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages