Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more
1/13/2020
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Class Action ,
Constitutional Challenges ,
Debt Collection ,
Exemptions ,
Facebook ,
First Amendment ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Standing ,
Statutory Interpretation ,
TCPA ,
Telecommunications
It can fairly be said that the statutory definition of “automatic telephone dialing system” (“ATDS”) has generated far more questions than answers—for courts and litigants alike. This is especially true in the wake of ACA...more
The Middle District of Florida has denied a motion for class certification, finding the proposed class definition would have created a fail-safe class, the class members were not ascertainable, and the plaintiff’s claims were...more
In a text message case, the U.S. District Court for the Southern District of Florida recently granted Atlantic Coast Enterprise, LLC’s (“Ace”) motion to dismiss upon finding that the plaintiff had failed to plausibly allege...more
The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more
10/18/2019
/ Auto-Dialed Calls ,
Debt Collection ,
Exemptions ,
FCC ,
Financial Services Industry ,
First Amendment ,
Petition for Writ of Certiorari ,
Proposed Rules ,
Robocalling ,
TCPA ,
Telecommunications
Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more
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
10/3/2019
/ ATDS ,
Auto-Dialed Calls ,
Motion for Summary Judgment ,
Prior Express Consent ,
Putative Class Actions ,
Robocalling ,
Statutory Interpretation ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
In a recent Northern District of Illinois case, a plaintiff’s TCPA claim was dismissed after the court found that the complaint did not contain sufficient facts to plausibly allege the defendant had used an ATDS. See Bader v....more