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Second Circuit Joins Ninth Circuit in Adopting Expansive Interpretation of ATDS, But Carves Out Smartphones

USA - April 10 2020 In a decision released on April 7, the Second Circuit joined the Ninth Circuit in adopting an expansive interpretation of what qualifies as an…

Renée M. Dudek.

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

USA - July 23 2019 The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising…

Matthew M. Morrissey.

E.D. Pa. Court Dismisses Case, Finding That Fax Was Not An Advertisement

USA - March 6 2019 The Eastern District of Pennsylvania recently granted a motion to dismiss in a putative TCPA class action because the plaintiff failed to plausibly…

Kevin H. DeMaio.

Ninth Circuit Rejects Due Process and Primary Jurisdiction Arguments in ADA Website Accessibility Case

USA - January 17 2019 The 9th U.S. Circuit Court of Appeals reversed a district court’s dismissal of the Plaintiff’s ADA claim pursuant to the primary jurisdiction…

Thomas J. Barton, Andrew L. Van Houter.

N.D. Cal. Court Grants Summary Judgment, Finding that Text Messages Were Neither Advertising Nor Telemarketing

USA - January 14 2019 The Northern District of California recently granted summary judgment dismissing a plaintiff’s TCPA claim based on text messages that confirmed…

Ingrid D. Johnson.