Because the TCPA landscape is in complete disarray regarding the definition of an ATDS, we have been opining that the primary jurisdiction doctrine is a TCPA Defendant’s best friend. However, the Western District of...more
It has been an interesting time in TCPAland since ACA Int’l was decided in March. We’ve seen a number of decisions going different ways with respect to the continued viability of the 2003 and 2008 Predictive Dialer rulings....more
As you all know, the primary jurisdiction doctrine and its importance as a defendant’s potentially crucial companion on a journey through TCPAland has been covered here before, but that importance was again on full display in...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
Earlier this week the Third Circuit gave TCPAland a blockbuster ruling in Dominguez II holding that Yahoo!’s instant messenger platform was not an ATDS because it lacked the functionality to randomly or sequentially generate...more
The primary jurisdiction doctrine Eric wrote about a mere few weeks ago was on full display in a recent ruling granting a motion to stay in a junk-fax TCPA class action. In Scoma Chiropractic, P.A., et al v. Dental...more