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Statutory Interpretation › Summary Judgment › Text Messages

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

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The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Womble Bond Dickinson

First Lower Court in Eleventh Circuit Follows Glasser in Granting Summary Judgment in TCPA Case

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The Eleventh Circuit in Glasser v. Hilton Grand Vacations Co., LLC recently confirmed that the definition of Automatic Telephone Dialing System (ATDS) is narrow, holding that to qualify a dialer must both have the capacity to...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Disagrees with Ninth Circuit and Joins the Third and Eleventh Circuit in Adopting a Narrow Interpretation of ATDS

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In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more

Womble Bond Dickinson

Court in W.D. Missouri Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

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The new decade has brought us a series of new decisions regarding one of our favorite issues under the TCPA – the definition of an automatic telephone dialing system (“ATDS”). This week, a District Court in the Western...more

Faegre Drinker Biddle & Reath LLP

Court Holds That Text-Messaging System Must Be Able to Randomly or Sequentially Generate Numbers to Qualify as an ATDS

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The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more

Womble Bond Dickinson

Sixth Circuit Affirms TCPA Summary Judgment Based on Lack of Random or Sequential Number Generation

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In Gary v. Trueblue, Inc., 346 F.Supp.3d 1040 (E.D. Mich. Oct. 11, 2018), the court granted the Defendant’s motion for summary judgment on the basis that Plaintiff failed to establish the Defendant’s dialing system had the...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

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In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more

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