Kristen Peters Watson on Auto-Dialed Calls

District of Kansas Holds a Device that Dials from Stored Customer Database is Not an ATDS

On April 13, 2020, the District Court of Kansas in Hampton v. Barclays Bank Delaware, No. 18-4071-DDC-ADM, 2020 WL 4698476 (D. Kan. Aug. 13, 2020), joined the Seventh and Eleventh Circuits in holding that devices that...more

8/18/2020 / ATDS , Auto-Dialed Calls , Robocalling , TCPA , Telecommunications

District Court of Minnesota Finds Calls to a Reassigned Number Did Not Violate the TCPA

In Roark v. Credit One Bank, N.A., No. 16-173 (PAM/ECW), 2018 WL 5921652 (D. Minn. Nov. 13, 2018), the District Court of Minnesota found that calls to a reassigned phone number did not violate the TCPA because the caller’s...more

11/19/2018 / ATDS , Auto-Dialed Calls , FCC , Financial Services Industry , Prior Express Consent , Reassigned Phone Numbers , Robocalling , TCPA , Telecommunications , Wireless Devices

Middle District of Florida Finds ACA Vacated the 2003, 2008, and 2015 FCC Orders

In Gonzalez v. Ocwen Loan Servicing, LLC, No. 5:18-cv-340-Oc-30PRL, 2018 WL 4217065 (M.D. Fla. Sept. 5, 2018), the Middle District of Florida determined that the D.C. Circuit’s opinion in ACA International v. FCC, 885 F.3d...more

9/7/2018 / ATDS , Auto-Dialed Calls , FCC , Financial Services Industry , Motion to Dismiss , TCPA , Vacated

Central District of California Finds ACA Set Aside All FCC Autodialer Guidance

In Washington v. Six Continents Hotels, Inc., No. 2:16-CV-03719-ODW-JEM, 2018 WL 4092024 (C.D. Cal. Aug. 24, 2018), the Central District of California found that ACA International v. FCC, 885 F.3d 687 (D.C. Cir. 2018)...more

9/5/2018 / ATDS , Auto-Dialed Calls , FCC , Prior Express Consent , Robocalling , TCPA , Telecommunications , Text Messages , Vacated

Eastern District of Michigan Finds Aspect System is Not an ATDS

In Keyes v. Ocwen Loan Servicing, LLC, No. 17-cv-11492, 2018 WL 3914707 (E.D. Mich. Aug. 16, 2018), the Eastern District of Michigan determined that the system Ocwen Loan Servicing, LLC (“Ocwen”) used to place calls, the...more

8/20/2018 / ATDS , Auto-Dialed Calls , Financial Services Industry , Summary Judgment , TCPA

District Court of Connecticut Follows Reyes Decision

In Harris v. Navient Solutions, LLC, No. 3:15-cv-564 (RNC), 2018 WL 3748155 (D. Conn. Aug. 7, 2018), the United States District Court for the District of Connecticut followed the Second Circuit’s decision in Reyes v. Lincoln...more

8/16/2018 / Auto-Dialed Calls , Consumer Contracts , Contract Terms , Debt Collection , Financial Services Industry , Navient , Prior Express Consent , Revocation , Summary Judgment , TCPA

Southern District of Florida Finds Telephone Dialing System is Not an ATDS Under the TCPA

In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-Civ-Scola, 2018 WL 582584 (S.D. Fla. Jan. 26, 2018), the Southern District of Florida determined that a telephone dialing system that was incapable of predictively...more

2/6/2018 / ATDS , Auto-Dialed Calls , Consumer Financial Products , Corporate Counsel , Regulatory Violations , Summary Judgment , TCPA

Kristen Peters Watson

Burr & Forman

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