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 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
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
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
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
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
As I reported a few weeks back, a block of 14 Democratic Senators recently wrote to FCC Chairman Pai and urged him to maintain the Commission’s broad reading of, inter alia, the TCPA’s ATDS definition. Not to be outdone,...more
In another blow to TCPA Plaintiffs hoping to make use of the FCC’s 2003 and 2008 Predictive Dialer rulings after ACA Int’l, a federal district court in the Northern District of Illinois held today that those rulings were...more
Over the last few weeks we have written numerous articles assessing Telephone Consumer Protection Act (“TCPA”) cases addressing the scope of the statute’s definition of automated telephone dialing systems (“ATDs”) as the...more
And then there were two. As we reported a few weeks back, Congressman Pallone–who has been deftly dodging our interview requests–recently circulated a discussion draft bill called the “Stopping Bad Robocalls Act.” (Maybe...more
The post-ACA Int’l rulings on ATDS functionality continue to pile up at a clip of about one new ruling every 1-2 weeks. The newest in the series is last week’s ruling out of the Northern District of Georgia – Maddox v. Cbe...more
The FCC is up to something. As we’ve now thoroughly reported, the FCC is seeking public comment on the scope and architecture of the TCPA following the ACA Int’l petition. Those who listen to our podcast know that the...more
Herrick v. GoDaddy – ORDER Granting D MSJ 5.14.18 - As we reported yesterday May 15, 2018, a court in the Southern District of Florida just held that the FCC’s 2003 and 2008 predictive dialer rulings survived their brush...more
As soon as ACA Int’l was handed down, the debate began. Are predictive dialers still covered by the TCPA following ACA Int’l’s reversal of the FCC’s ATDS formulation or is the statute’s narrow definition now the law of the...more