Episode 16: Innovations in Recruitment: How Tech is Changing How Companies Hire
Predictive Coding’s ROI Outpaces Other Processes Even As Technology Costs Rise
Technology and the Law Come Together at Raytheon—Woods Abbott
An E-Discovery Litigator’s Perspective on LegalTech New York 2013
How Corporations Are Using Technology to Manage Costs of Discovery
Information Governance Will Replace Predictive Coding As Biggest Trend in E-Discovery—Judge Peck
In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) statutory definition of an automatic telephone dialing system (“ATDS”)...more
In the face of mounting rulings from intermediate and lower courts requiring an ATDS to have the capacity to randomly or sequentially generate numbers (and thereby ruling out virtually all modern day list-based dialing...more
Key Points - On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more
The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more
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
Recently, a string of district courts outside of the Ninth Circuit have held that to qualify as an ATDS, a device must have the capacity to generate telephone numbers randomly or sequentially. In the month since the last such...more
The lower courts in the Seventh Circuit have been very active when it comes to the definition of an ATDS after ACA International v. FCC, 885 F.3d 687, 691 (D.C. Cir. 2018). The vast majority of the opinions coming out of the...more
Last week, the Northern District of Texas gave us our first case out of the Fifth Circuit addressing the definition of an ATDS in the post-ACA International era. In Adams v. Safe Home Security, Inc. No. 3:18-CV-03098-M,...more
We have previously discussed how easy it is for a TCPA claim to proceed against a party despite the slim allegations against it. However, we have also explained how important it is for TCPA defendants to not give up hope and...more
For well over a year now since the D.C. Circuit’s opinion in ACA International v. FCC, the pendulum has swung back and forth amongst federal courts on the definition of an automatic telephone dialing system (ATDS) at...more
In Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018), cert. dismissed, 139 S. Ct. 1289 (2019), the Ninth Circuit adopted an expansive definition of an ATDS that includes devices that dial from a stored list of...more
Thus far, lower courts within the Third Circuit have been all over the place in addressing the issue of ATDS functionality post-ACA Int’l, and the meaning of the Third Circuit’s opinion in Dominguez v. Yahoo!....more
I hate to be the bearer of bad news. We definitely did not see this one coming when we predicted here at TCPAland that courts within the 7th Circuit will likely ignore Marks, and adopt Pinkus post-Marks. Yesterday’s, the...more
We previously reported that Hilton had scored a big win when the Court granted its motion for summary judgment on the grounds that the “human intervention” test from the FCC’s predictive dialer rulings survived ACA Int’l, and...more
• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more
Glasser v. Hilton Grand Vacations Co., No. 8:16-cv-952-JDW-AAS, 2018 U.S. Dist. LEXIS 162867 (M.D. Fla. Sept. 24, 2018) makes the twenty fifth case on our Post-ACA Int’l ATDS Scorecard. And this one falls into the same camp...more
Welcome to Splitsville. As courts continue to address the definition of automated telephone dialing system (“ATDS”) within the Telephone Consumer Protection Act (“TCPA”) it was only a matter of time before we started...more
We broke the news this morning that the Ninth Circuit published its opinion in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018). We now have a new definition of an ATDS in the Ninth...more
In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of...more
Well Ocwen is certainly on a roll. Just weeks after delivering a stellar win on ATDS issues in Keyes, the feisty servicer is at it again, delivering TCPAland its first ATDS ruling out of the state of Florida following ACA...more
The seesaw battle over the Telephone Consumer Protection Act’s (“TCPA’s”) heart and soul–the definition of automated telephone dialing system (“ATDS”)–has raged all summer long. Now as the little ones head back to class its...more
Mike Greenwald and Greenwald Davidson have been making a heck of a lot of noise in TCPAland recently. Not only are they the law firm behind the recent Bad Reyes ruling, they also convinced the Eleventh Circuit that TCPA...more
Keep up everyone. In the last few days we’ve seen a flurry of developments on the ATDS definition. First came Lord and Dominguez requiring random or sequential number generation. Then came Pinkus holding that predictive...more
It has been a great run of ATDS decisions for TCPA defendants over the past few weeks. First, the Third Circuit Court of Appeal stated that Yahoo’s IM platform was not an ATDS for purposes of the TCPA because it did not...more
In a new district court opinion out of the E.D. District of Michigan a court found yesterday that dialers calling from a list do not qualify as automated telephone dialing systems (“ATDS”) under the TCPA unless they generate...more