The Fifth Circuit recently reversed partial summary judgment in favor of the plaintiff in a TCPA claim, finding that summary judgment instead should have been granted to the defendant on four of the seven calls at issue. Ybarra v. Dish Network, L.L.C., No. 14-11316, 2015 WL 6159755 (5th Cir. Oct. 20, 2015). The plaintiff argued that the defendant violated the TCPA by making a call with a prerecorded voice. But, because the plaintiff did not answer the four calls at issue, no prerecorded voice was ever delivered or used. The Fifth Circuit held that the prerecorded voice must speak during the call to trigger liability. The court therefore reversed and remanded, directing the district court to enter partial summary judgment in favor of defendant.
Tiffany Cheung is the chair of the firm’s Consumer Class Actions practice group. Her practice focuses on defending consumer class actions, and includes federal, state, and multidistrict complex litigation. She has successfully defended clients in disputes involving the Telephone Consumer Protection Act (TCPA) and various unfair competition, and consumer fraud in federal and state courts throughout the United States. Her clients span a wide range of industries, including the pharmaceutical, retail, and technology industries. More ›
Alexandra Eve Steinberg Laks is an associate in the Litigation Department in Morrison & Foerster’s San Francisco office. Her practice focuses on false advertising, unfair competition, False Claims Act, and privacy litigation, including the defense of consumer class actions, agency enforcement proceedings, qui tam actions, and complex commercial litigation. Ms. Laks represents clients in the food, retail, technology, and health care industries, and has experience drafting dispositive motions and appellate briefs, defending depositions, providing oral argument, and managing complex discovery and document productions. More ›