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Questions of Fact Abound: WDNY Magistrate Recommends Denying Pre-Discovery Motion for Summary Judgment on TCPA Claims

USA - November 12 2019 Aggressive, pre-answer motion practice is often warranted in TCPA cases, particularly in class actions. But as a defendant found out in the Western...

Train Kept-A Rollin: District of Maryland Joins Growing List of Courts to Reject Marks, Stays Case Pending Fourth Circuit Action.

USA - October 21 2019 As the Czar remarked recently, courts outside of the Ninth Circuit continue to reject the Marks court’s overt departure from the statutory definition...

Wither Marks v. Crunch: District Courts In Florida And Texas Hold Random Or Sequential Number Generation Is Required Exactly One Year After The Ninth Circuit’s Troubling Decision.

USA - September 20 2019 One of the most oft-cited circuit court decisions, if not the most oft-cited, is Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), in which...

Arbitration Under Attack: New Bill Aims To Curb Contractual Rights To Arbitration.

USA - September 13 2019 By their very nature, many TCPA suits end up in arbitration, particularly when a bank or other financial institution is involved. This serves benefits...

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

USA - September 11 2019 TCPA cases against debt collectors and first-party creditors are notoriously difficult to certify. They typically involve individual issues of consent...