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Drinker Biddle & Reath LLP | USA | 15 Aug 2019

N.D. Ohio Court Dismisses TCPA Claim, Finding Insufficient Allegations Regarding Consent

The Northern District of Ohio recently granted a motion to dismiss a TCPA claim because the plaintiff failed to allege plausibly that he had not


Drinker Biddle & Reath LLP | USA | 9 Aug 2019

Court Grants Plaintiff’s Motion for Summary Judgment on Vicarious Liability Issues

The Western District of Oklahoma recently granted a Plaintiff’s motion for summary judgment against NorthStar Alarm Services, LLC (“NorthStar”) in a


Drinker Biddle & Reath LLP | USA | 16 Nov 2018

One Court Declines to Rule that Pharmacy Prescription Calls are Per Se Protected by the Emergency Purposes Exception, Rejecting Cases Holding Otherwise

Last week, in Smith v. Rite Aid Corporation, 2018 WL 5828693 (W.D.N.Y. Nov. 7, 2018), a court rejected the argument - supported by previous cases -


Drinker Biddle & Reath LLP | USA | 30 Oct 2018

District Court Denies Class Certification Due to Individualized Issues of Consent

A federal district court recently rejected a plaintiff's bid at class certification in a TCPA case. See Bais Yaakov of Spring Valley v. ACT, Inc., No


Drinker Biddle & Reath LLP | USA | 27 Sep 2018

District Court Holds Article III Standing Allegation Not Required to Remove

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


Drinker Biddle & Reath LLP | USA | 15 Jun 2018

District of Arizona Grants Summary Judgment on ATDS Issues in the Wake of ACA International v. FCC

The District of Arizona recently became one of the first courts in the country to address the definition of an ATDS in light of the D.C. Circuit’s


Drinker Biddle & Reath LLP | USA | 29 Mar 2018

A Call for Change: D.C. Circuit Dials Back FCC’s 2015 TCPA Ruling

Now that the U.S. Court of Appeals for the District of Columbia has issued its long-awaited decision in ACA Int’l v. FCC, courts and litigants must


Drinker Biddle & Reath LLP | USA | 23 Feb 2018

Second Circuit Again Rejects TCPA Claims Over Health Care Calls

The Second Circuit yesterday delivered a ruling that was widely expected but also widely welcomed by health care providers struggling to provide


Drinker Biddle & Reath LLP | USA | 8 Jan 2018

Second Circuit Rules That a Flu Shot Reminder Text Massage Does Not Violate the TCPA

We have previously discussed the FCC’s 2012 TCPA exception for automated calls that deliver a “health care message” (the “2012 Health Care Exception”)


Drinker Biddle & Reath LLP | USA | 5 Jan 2018

Court Finds Lawsuit Based on “Ruse,” Orders Plaintiff to Show Cause

A recent ruling from the Southern District of Ohio reveals the lengths to which some plaintiffs will go to manufacture TCPA claims - and how some

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