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Eastern District of Michigan Finds No Strict Liability for Faxes Sent Without Defendant’s Knowledge or Involvement

USA - January 2 2019 Recently, an Eastern District of Michigan court entered summary judgment in favor of a defendant upon finding that it had neither transmitted nor...

Michael P. Daly.

Court Holds Web-Based Texting Platform is Not an ATDS Because of Need for Human Intervention

USA - October 8 2018 A federal district court in the Southern District of Florida joined a list of courts that have found a web-based text messaging platform to fall...

Matthew J. Fedor.

Another District Court Rejects FCC Prior Orders on ATDS in Light of ACA International

USA - September 14 2018 One of the central issues before the D.C. Circuit in ACA International v. FCC was whether the FCC’s vague and expansive definition of an ATDS would...

Justin O. Kay.

First Circuit Deems Hyperlink Inconspicuous, Reverses Order Compelling Arbitration

USA - August 9 2018 The First Circuit recently reversed an order compelling arbitration in a putative class action, and in doing so found that Uber could not enforce its...

Michael P. Daly.

TCPA Defendant Allowed to Seek Indemnification from Plaintiff’s Daughter, the Intended Recipient of its Debt-Related Calls

USA - June 27 2018 One of the central issues that was before the D.C. Circuit in ACA International v. FCC was whether the term “called party” refers to the intended or...

Sheldon Eisenberg.