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19 results found

Article

Drinker Biddle & Reath LLP | USA | 30 Jan 2019

California District Court Sends Plaintiff Back to the Drawing Board to Clarify Which of Six Defendants Actually Called Him

Plaintiffs often employ the spaghetti-against-the-wall tactic of asserting every conceivable claim against every conceivable defendant. But as a

Article

Drinker Biddle & Reath LLP | USA | 30 Nov 2018

District Court Grants Summary Judgment for Defendant, Finding its Dialing System Is Not an ATDS

As consumers and businesses await clarity from the FCC regarding the definition of “automatic telephone dialing system” (“ATDS”), district courts

Article

Drinker Biddle & Reath LLP | USA | 1 Nov 2018

Ninth Circuit Declines to Rehear Marks Appeal

As we previously reported, the defendant in Marks v. Crunch San Diego, LLC, No. 14-56834 (9th Cir.) filed a Petition for Rehearing En Banc that asked

Article

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

Article

Drinker Biddle & Reath LLP | USA | 8 Oct 2018

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

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

Article

Drinker Biddle & Reath LLP | USA | 7 Aug 2018

Texas Federal Court Compels Arbitration of TCPA Claims, Grants Motion of Nonsignatory to Agreement

The U.S. District Court for the Northern District of Texas recently granted a defendant debt collection agency’s motion to compel arbitration in a

Article

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

Article

Drinker Biddle & Reath LLP | USA | 9 Feb 2018

Ninth Circuit Affirms Summary Judgment for Defendants, Rejects Plaintiff’s Vicarious Liability Theory

The Ninth Circuit recently affirmed summary judgment for five defendantsthree payday lenders and two lead-generation vendorsin a certified class

Article

Drinker Biddle & Reath LLP | USA | 7 Nov 2017

Missouri District Court Rules that App Developer Is Not Subject to Personal Jurisdiction Based on App Users’ Contacts with the Forum

A recent ruling from the Eastern District of Missouri provides encouraging news for app developers who may be sued under the TCPA for messages sent by

Article

Drinker Biddle & Reath LLP | USA | 8 Aug 2017

District Court Finds a Text Message Sent to Complete a Transaction is Not Telemarketing

As customers increasingly elect text messaging as their preferred means of communication during online ordering, such messages can raise the risk of a

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