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Articles: 1-10 of 103

Mind the Details: Defendant Observes that Key FCC Order Never Took Effect; Wins Judgment on Pleadings

USA - October 11 2018 A new case out of Indiana, Sanford v. Navient Solutions, LLC, 2018 WL 4699890 (S.D. IN Oct. 01, 2018), underscores the importance of delving into the…

Defendant in Marks v. Crunch San Diego, LLC Asks Ninth Circuit for Rehearing En Banc

USA - October 8 2018 As we previously reported here, the court in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018) recently expanded…

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…

FCC Seeks Further Comment on the Definition of an ATDS Following the Ninth Circuit’s Decision in Marks v. Crunch San Diego, LLC

USA - October 5 2018 On October 3, 2018, the FCC issued a Public Notice requesting further comment on “what constitutes an automatic telephone dialing system” under the…

District Court Holds Article III Standing Allegation Not Required to Remove

USA - September 27 2018 As we have frequently discussed, Article III standing is a recurring issue in TCPA cases. The Southern District of Florida recently added to the…

TCPA Claims Still Uncertain (Although Death and Taxes Remain So)

USA - September 26 2018 We previously discussed Hannabury v. Hilton Grand Vacation Co., LLC, a 2016 decision from the Western District of New York that held that TCPA claims…

Ninth Circuit Expands the Definition of an ATDS

USA - September 20 2018 The very first clause in the TCPA is the definition of an Automatic Telephone Dialing System, which the statute defines as “equipment which has the…

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…

Trial Courts Split On Whether Consumers Can Unilaterally Revoke Contractual Consent

USA - September 13 2018 As we discussed last year, the Second Circuit has held that consumers cannot unilaterally revoke consent that was provided as part of a bilateral…

Eighth Circuit Rules No Standing For TCPA Plaintiffs Due to Lack of Traceability

USA - August 15 2018 We have previously written—both in this blog and in articles—about district courts dismissing TCPA claims after finding that the alleged injuries were…