Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more
3/14/2019
/ Advertising ,
ATDS ,
Class Action ,
Class Certification ,
Dismissals ,
Personal Jurisdiction ,
Putative Class Actions ,
Summary Judgment ,
TCPA ,
Tolling ,
Vicarious Liability
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more
Since our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case. But that was not the only meaningful case decided in the last month or so. Decisions continue to roll in on...more
Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more
If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more
8/30/2018
/ Advertising ,
Article III ,
ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Faxes ,
Motion to Dismiss ,
Partial Summary Judgments ,
Personal Jurisdiction ,
Reversal ,
Settlement ,
Standing ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more
6/6/2018
/ ATDS ,
Auto-Dialed Calls ,
Class Certification ,
Consent ,
Exceptions ,
Interlocutory Appeals ,
Mootness ,
Personal Jurisdiction ,
Prior Express Consent ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA ,
Telemarketing