Class Dismissed

May 22, 2018 - TCPA, Class Action
After ACA International, FCC Seeks Comment on Autodialer Definition
Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA International, et al. v. FCC , 885 F.3d 687 (D.C.
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March 20, 2018 - TCPA, Class Action
An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope
By: Tiffany Cheung and Julie O'Neill
Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission , No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the scope of activity that may be subject to the Telephone
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January 17, 2018 - TCPA, Class Action
TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action
By: Tiffany Cheung
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the communication practices of their upstream vendors. In Kristensen v. Credit
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September 28, 2016 - TCPA
“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim
Another Florida district court, another favorable ruling for companies facing TCPA lawsuits. In Pozo v. Stellar Recovery Collection Agency, Inc. , U.S. Magistrate Judge Anthony E. Porcelli granted summary judgment for defendant Stellar Recovery Collection Agency, Inc. (“Stellar”) after determining that the “point and
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May 19, 2016 - TCPA
No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims
On April 12, 2016, in Chen, et al. v. Allstate Insurance Co. , No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully settle—and thereby moot—a plaintiff’s individual claims
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May 18, 2016 - TCPA, Government Actions
FCC issues NPRM on TCPA Exemption for U.S. Government Debt
By: Tiffany Cheung
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
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March 28, 2016 - TCPA
Point Counterpoint: New York Federal Court Holds Payment of Plaintiff’s Claim Ends Lawsuit Under Campbell-Ewald
By: Penelope A. Preovolos
A New York federal court has held that a defendant’s payment of the amount of plaintiff’s TCPA claim plus costs to the clerk of the court required entry of judgment for the plaintiff and ended the case. Leyse v. Lifetime Entertainment Servs., LLC ,
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January 19, 2016 - TCPA
Do NOT Leave a Message at the Tone
By: Tiffany Cheung
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.
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January 12, 2016 - TCPA
Dead on Arrival
By: Tiffany Cheung
After noting at oral argument that the plaintiff’s TCPA claim was one of the “silliest” the court had ever encountered, the Ninth Circuit issued an order affirming dismissal of the plaintiff’s suit. Roberts v. Paypal, Inc. , No. 13-16304, 2015 WL 6524840 (9th Cir.
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January 05, 2016 - TCPA
Is Your Smartphone an Autodialer?
By: Tiffany Cheung
The Third Circuit has become the first appellate court to endorse the FCC’s broad definition of “autodialer” under the TCPA. In a July 10 declaratory ruling , the FCC defined “autodialer” as any device with the capacity to store or produce randomly or sequentially
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Topic Archives: TCPA

After ACA International, FCC Seeks Comment on Autodialer Definition

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

By: Tiffany Cheung and Julie O'Neill

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

By: Tiffany Cheung

“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

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

By: Tiffany Cheung

Point Counterpoint: New York Federal Court Holds Payment of Plaintiff’s Claim Ends Lawsuit Under Campbell-Ewald

By: Penelope A. Preovolos

Do NOT Leave a Message at the Tone

By: Tiffany Cheung

Dead on Arrival

By: Tiffany Cheung

Is Your Smartphone an Autodialer?

By: Tiffany Cheung