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Federal Rule 12(b)(6) Class Action Telephone Consumer Protection Act

Womble Bond Dickinson

Text Message Platform Dismissed From TCPA Class Action Because It Was Not the “Maker or Initiator” of the Text Message at Issue

Womble Bond Dickinson on

Generally, text message platform providers are not considered the “sender” or “maker” of a text message or call unless they are so involved in placing the call as to be deemed to have “made or initiated” it themselves. The...more

Womble Bond Dickinson

Behind the Faxes: Sixth Circuit Holds That Plaintiff in TCPA Junk Fax Class Action Adequately Pled That Informational Fax Violated...

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Late last week, the Sixth Circuit held that a plaintiff in a junk fax class action alleged sufficient facts to establish that a fax – which was seemingly informational on its face – was nonetheless an “unsolicited...more

Womble Bond Dickinson

Marks Makes its Mark: First District Court TCPA Decision Relying On Marks Upholds Threadbare ATDS Pleadings

Womble Bond Dickinson on

Well that didn’t take long. Yesterday the court in Keifer v. Hosopo Corp., Case No. 3:18-cv-1353, 2018 U.S. Dist. Lexis 183468 (S.D. Cal. Oct. 25, 2018) issued the first ATDS decision in the country relying on Marks. Not...more

Burr & Forman

New Jersey Court Holds Text Revocation Must Follow Directions

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Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more

Burr & Forman

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

Burr & Forman on

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

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