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 Consumer Class Actions practice group. She has successfully achieved litigated dismissals and defeated class certification in numerous cases. Tiffany has also negotiated voluntary dismissals on behalf of many clients, including disputes involving claims under the Telephone Consumer Protection Act and various consumer fraud laws. Tiffany has particular expertise in class actions involving privacy (including data breach) and marketing claims.
What do you like best about your work? Working with great teams both at our clients and within the firm.
What do you enjoy doing in the your free time? I enjoy family exercise time, with my two children on bikes and the grown-ups jogging alongside.
Why did you become a lawyer? To deal with complicated and challenging legal issues. I enjoy the creative-thinking and problem-solving aspects of being a lawyer.More ›