The District Court for the Southern District of Florida recently dismissed a TCPA lawsuit for lack of Article III standing, holding that five unsolicited text messages did not constitute a concrete injury. Muccio v. Global...more
The Western District of New York in Clark v. Buffalo City School District, Case No. 1:21cv00700, 2021 WL5764703 (W.D.N.Y. Oct. 28, 2021) recently granted a motion to dismiss because the defendant (a school district) was not a...more
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 court in the District of Oregon recently granted a defense motion to deny class certification, largely because the issue of whether the putative class representative’s phone number was “residential”—a prerequisite to TCPA...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 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
Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more
On September 21, the FCC’s Consumer and Governmental Affairs Bureau issued a declaratory ruling clarifying that businesses advertised via fax should not face “sender liability” for unsolicited faxes sent without prior...more
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
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
Acknowledging that “effective communications with the American public” are “a critical component” of efforts to slow the spread of the coronavirus, the Federal Communications Commission (FCC) released, on its own motion, a...more
Acknowledging that “effective communications with the American public” is “a critical component” to efforts to slow the spread of the coronavirus, the Federal Communications Commission (FCC) released on its own motion, a...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
The United States District Court for the District of Connecticut recently dealt another blow to serial TCPA plaintiff, Gorss Motels, Inc., granting summary judgment to the defendant in Gorss Motels, Inc. v. Lands’ End, Inc.,...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