William Wright on Auto-Dialed Calls

TCPA Boundaries Drawn: Marketing Text Messages to Known Telephone Numbers Permitted

In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text...more

6/17/2024 / ATDS , Auto-Dialed Calls , Marketing , Robocalling , TCPA , Telemarketing , Text Messages

Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation

In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA....more

2/26/2024 / Auto-Dialed Calls , Consent , Prior Express Consent , Revocation , Robocalling , Summary Judgment , TCPA

Another Day, Another ATDS Suit Dismissed in E.D. Pa.

Plaintiff Andrew Perrong is no stranger to the Eastern District of Pennsylvania, and on September 18, 2023, yet another of Perrong’s suits was partially dismissed on ATDS grounds. Perrong v. Bradford, et al., No....more

9/27/2023 / ATDS , Auto-Dialed Calls , Dismissals , Professional Plaintiffs , TCPA

E.D. Pa. Dismisses Serial Plaintiff’s TCPA Case on ATDS Grounds

On July 18, 2023, the United States District Court for the Eastern District of Pennsylvania dismissed a TCPA claim filed by serial Plaintiff, Andrew Perrong. Perrong v. Montgomery Cnty. Democratic Comm., No. 22-4475, 2023 WL...more

7/31/2023 / ATDS , Auto-Dialed Calls , Dismissals , Facebook Inc v Duguid , Professional Plaintiffs , TCPA

Artful Pleading Won’t Circumvent Sovereign Immunity, Fourth Circuit Says

In Cunningham v. Lester, —F.3d—, 2021 WL 821467 (4th Cir. Mar. 4, 2021), the Fourth Circuit reiterated that the doctrine of sovereign immunity is alive and well and very much applicable to putative TCPA claims, and that...more

3/18/2021 / Affordable Care Act , ATDS , Auto-Dialed Calls , Centers for Medicare & Medicaid Services (CMS) , Dismissals , Government Contractor Defense , Sovereign Immunity , Subject Matter Jurisdiction , TCPA

Parroting the Elements of the Statute—Without Pleading Any Substantive Facts—Isn’t Good Enough Under Rule 8 for the District of...

The United States District Court for the District of Connecticut recently granted a Defendant’s motion to dismiss Plaintiffs’ TCPA claims because Plaintiffs failed to adequately allege facts supporting an inference that...more

5/18/2020 / ATDS , Auto-Dialed Calls , Motion to Dismiss , Pleading Standards , Pleadings , TCPA

Court Denies Class Certification in a TCPA Case for Lack of Numerosity and Predominance Despite Millions of Automated Calls

Recently, the Northern District of California joined other courts in more closely scrutinizing class certification motions in TCPA cases. In a case involving an automated phone call by a loan servicer regarding Plaintiff’s...more

2/25/2020 / Auto-Dialed Calls , Class Action , Class Certification , FRCP 23 , FRCP 23(b)(3) , Loan Servicer , Numerosity , Predominance Requirement , Student Loans , TCPA

William Wright

Faegre Drinker Biddle & Reath LLP

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