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Telephone Consumer Protection Act › Dismissal With Prejudice

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Faegre Drinker Biddle & Reath LLP

District Court Dismisses Ex-Attorney and TCPA Serial Litigant’s Claims with Prejudice

Faegre Drinker Biddle & Reath LLP on

On January 6, 2021, the District of Maryland dismissed a TCPA claim (and a derivative claim under Maryland’s MDTPCA) against Discount Power, Inc. (“Discount”). See Worsham v. Discount Power, Inc., No. 20-0008, 2021 WL 50922...more

Faegre Drinker Biddle & Reath LLP

Alleged Oversight and Monitoring of a Messaging Campaign Deemed Inadequate to Establish Agency

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Another court decision reminds us that conclusory allegations that an agency relationship exists should not be sufficient to impute TCPA liability on the alleged beneficiary of a messaging campaign. Pleadings that lack...more

Faegre Drinker Biddle & Reath LLP

Taking Side on Circuit-Splitting Issue, Texas District Court Holds that Facebook Promotional Texts Were Not Sent Using ATDS

Faegre Drinker Biddle & Reath LLP on

The Western District of Texas recently dismissed with prejudice a TCPA suit against Facebook brought by Colin Suttles, an individual who claimed he received thirty-two unsolicited texts from the company encouraging him to...more

Benesch

Let It Snow! Two Courts on the Same Day Hold That Random/Sequential Number Generation Required Under the TCPA

Benesch on

In Snow v. GE, No. 5:18-CV-511-FL, 2019 U.S. Dist. LEXIS 99760 (E.D.N.C. June 14, 2019), a North Carolina federal court dismissed a TCPA claim on the grounds that dialing equipment must possess a random or sequential number...more

Womble Bond Dickinson

I Can See Clearly Now: Court Holds It’s “Abundantly Clear” That the TCPA Requires “Sender” of Fax to Either Physically Transmit or...

Womble Bond Dickinson on

Back in May 2017, Garner Properties & Management, LLC (“Plaintiff”) filed a class action against Defendants Marblecast of Michigan, Inc. (“Marblecast”) and American Woodmark Corporation (“American Woodmark”) in the Eastern...more

Womble Bond Dickinson

Out of the Frying Pan?: Eighth Circuit Agrees that TCPA Violation Did not Cause Article III Harm But Reverses Dismissal in Favor...

Womble Bond Dickinson on

A few weeks back Consumer Class Action “Titan” Jay Edelson joined us on the Ramble podcast and predicted that TCPA class actions arising in state court that are removed to federal court and later challenged on Article III...more

Benesch

New Year, New TCPA Decision

Benesch on

January 3, 2017. The first business day of the new year. America’s engine revs up again. The scent of fresh coffee fills the air. Court is in session, and a new TCPA decision is issued. The Northern District of Ohio may...more

Burr & Forman

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Burr & Forman on

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

Jackson Lewis P.C.

No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Jackson Lewis P.C. on

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on...more

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