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Auto-Dialed Calls ATDS Dismissals

Faegre Drinker Biddle & Reath LLP

Third Circuit Affirms Dismissal of List-Mode TCPA Claims

In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew...more

Troutman Pepper

Second Circuit Upholds TCPA Case Dismissal: ATDS Must Generate Phone Numbers, Text Messages Don’t Qualify as Artificial Voices

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In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd, the plaintiff alleged that the defendant violated the Telephone Consumer Protection Act (TCPA) by sending a text message to her cell phone using an automatic...more

Faegre Drinker Biddle & Reath LLP

Another Day, Another ATDS Suit Dismissed in E.D. Pa.

Plaintiff Andrew Perrong is no stranger to the Eastern District of Pennsylvania, and on September 18, 2023, yet another of Perrong’s suits was partially dismissed on ATDS grounds.  Perrong v. Bradford, et al., No....more

Faegre Drinker Biddle & Reath LLP

E.D. Pa. Dismisses Serial Plaintiff’s TCPA Case on ATDS Grounds

On July 18, 2023, the United States District Court for the Eastern District of Pennsylvania dismissed a TCPA claim filed by serial Plaintiff, Andrew Perrong. Perrong v. Montgomery Cnty. Democratic Comm., No. 22-4475, 2023 WL...more

Faegre Drinker Biddle & Reath LLP

Recent Ninth Circuit Opinions Address Standing and the Meaning of “Automatic Telephone Dialing System”

The Ninth Circuit recently issued two noteworthy TCPA decisions. Most recently, in Borden v. eFinancial, LLC, No. 21-35746, 2022 WL 16955661 (9th Cir. Nov. 16, 2022), the Court addressed one of the most hot-button issues in...more

Faegre Drinker Biddle & Reath LLP

Personal Cell Phones May Qualify as “Residential Telephones” Subject to DNC Rules, but Calls Made to a Pre-produced List Are Not...

Last week, the U.S. District Court for the Northern District of Texas held that mobile phones may qualify as “residential telephones” when used (as the Complaint alleged) primarily for “personal, family, and household use,”...more

Faegre Drinker Biddle & Reath LLP

District Courts Find ATDS Allegations Implausible Following Facebook

Courts in the Southern District of California and District of Arizona recently added to the line of decisions addressing ATDS pleading requirements in the wake of the Supreme Court’s landmark ruling in Facebook v. Duguid. ...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Pennsylvania Court Holds Text Claim Satisfies Article III, Then Dismisses for Failure to Allege Enough Facts...

A judge in the U.S. District Court for the Eastern District of Pennsylvania recently concluded that receipt of unwanted text messages in violation of the TCPA can constitute an injury-in-fact for purposes of Article III...more

Faegre Drinker Biddle & Reath LLP

Auto Service Contractor Not Answerable to Texas Resident’s TCPA Claim, Holds State’s Federal Northern District

The Northern District of Texas handed down a decision exploring the jurisdictional limitations on TCPA plaintiffs’ ability to hale out-of-state defendants into a plaintiff’s local federal court. The case, Horton v....more

Faegre Drinker Biddle & Reath LLP

Artful Pleading Won’t Circumvent Sovereign Immunity, Fourth Circuit Says

In Cunningham v. Lester, —F.3d—, 2021 WL 821467 (4th Cir. Mar. 4, 2021), the Fourth Circuit reiterated that the doctrine of sovereign immunity is alive and well and very much applicable to putative TCPA claims, and that...more

Faegre Drinker Biddle & Reath LLP

Southern District of California Dismisses TCPA Due to Speculative ATDS Allegations

The Southern District of California recently dismissed the TCPA case Hildre v. Heavy Hammer, Inc., No. 3:20-cv-00236, 2021 WL 734431 (S.D. Cal. Feb. 25, 2021), for the plaintiff’s failure to adequately allege that the...more

Burr & Forman

Pennsylvania District Court Dismisses TCPA Claim Because Numbers Called Were Stored In, And Uploaded From Separate SQL Server

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Elizabeth Panzarella v. Navient Solutions, LLC, No. 18-3735, 2020 WL 3250508 (E.D. Pa. June 16, 2020) - Two Plaintiffs filed suit relating to calls Defendant made when a relative’s loan became delinquent. Defendant moved...more

Faegre Drinker Biddle & Reath LLP

District of Massachusetts Grants Dismissal of Threadbare ATDS Claims

The U.S. District Court for the District of Massachusetts recently granted a TCPA defendant’s motion to dismiss, in part, because the plaintiff failed to allege plausible facts supporting an assertion that the defendant,...more

Burr & Forman

Southern District of New York Holds TCPA Claim Fails To Satisfy Minimum Pleadings Requirements When Simply Parroting Statute

Burr & Forman on

Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019) - Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell...more

Faegre Drinker Biddle & Reath LLP

Florida Federal Court Rejects ATDS Allegations, Grants Motion to Dismiss

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

Faegre Drinker Biddle & Reath LLP

Northern District of Illinois Finds Plaintiff Failed to Adequately Allege Use of an ATDS

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

Womble Bond Dickinson

TCPA Claim Dismissed for Failing to Allege Random/Sequential Number Generation

Womble Bond Dickinson on

We have previously discussed how easy it is for a TCPA claim to proceed against a party despite the slim allegations against it. However, we have also explained how important it is for TCPA defendants to not give up hope and...more

Womble Bond Dickinson

Ninth Circuit’s Marks Opinion Continues to Extend its Reach Across the Country

Womble Bond Dickinson on

In Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018), cert. dismissed, 139 S. Ct. 1289 (2019), the Ninth Circuit adopted an expansive definition of an ATDS that includes devices that dial from a stored list of...more

Womble Bond Dickinson

Making them Work For It: Court Dismisses TCPA Case for Lack of Factual Allegations Regarding ATDS Usage

Womble Bond Dickinson on

Quick tip: While the focus these days in TCPAland is on the definition of ATDS–and quite properly so— it should not be forgotten that threadbare recitals of ATDS usage at the pleadings stage are categorically improper....more

Womble Bond Dickinson

That’s Alarming: Another Court Finds that Predictive Dialer Calls are Robocalls Covered by the TCPA

Womble Bond Dickinson on

Keep up everyone. In the last few days we’ve seen a flurry of developments on the ATDS definition. First came Lord and Dominguez requiring random or sequential number generation. Then came Pinkus holding that predictive...more

Womble Bond Dickinson

Now its Sirius: New District Court Ruling Dismisses TCPA Suit and Holds that Predictive Dialer Calls Are Not Robocalls Covered by...

Womble Bond Dickinson on

In another blow to TCPA Plaintiffs hoping to make use of the FCC’s 2003 and 2008 Predictive Dialer rulings after ACA Int’l, a federal district court in the Northern District of Illinois held today that those rulings were...more

Womble Bond Dickinson

Good Lord!: Putative TCPA Class Action Dismissed at the Pleading Stage for Want of Allegations re: Random or Sequential Number...

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In another huge TCPAland development, a district court in Ohio dismissed a TCPA case at the pleadings stage yesterday for want of allegations regarding the use of a random or sequential number generator. This...more

Burr & Forman

Illinois District Court Dismisses TCPA Claim Because Calls Were Not Unwanted or Unwelcome

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Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more

Burr & Forman

California Court Dismisses TCPA Claim For Lack of Standing

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Romero v. Department Stores National Bank, 15-cv-193-CAB-MDD (S.D. Cal. Aug. 5, 2016) - On the eve of trial, the Court dismissed Plaintiff’s claims for lack of standing relying on the Supreme Court case of Spokeo v....more

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