Dialing
May 31, 2016TCPA

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or sequentially,” but also equipment with the “potential ability” to do so.  Since that time, few courts have issued decisions that meaningfully analyze and apply this new ATDS standard. ...›

Phone
May 18, 2016Government Actions, TCPA

FCC issues NPRM on TCPA Exemption for U.S. Government Debt

In response to a provision in the Bipartisan Budget Act of 2015 (Pub. L. No. 114-74), the Federal Communications Commission (FCC or the “Commission”) has promulgated a notice of proposed rulemaking (NPRM) regarding the new exemption in the Telephone Consumer Protection Act (TCPA) for calls made “to collect a debt owed to or guaranteed by the United States.” ...›

April 29, 2016Class Action, Class Certification

California Court of Appeal Affirms Demurrer to Class Allegations Where Mobilehome Park Residents Lack Community of Interest

In Schermer v. Tatum, 245 Cal. App. 4th 912 (2016), the California Court of Appeal affirmed two important principles for class actions in California: (1) to have a community of interest, there must be a wrong that is truly common to all members, and (2) class certification can be defeated on demurrer. Applying these principles, the Schermer court dealt the defendants a resounding victory by holding that the trial court properly sustained the defendants’ demurrer to the class allegations without leave to amend. ...›