An Arizona District Court granted a motion to have a recent Telephone Consumer Protection Act (TCPA) class action transferred to another district court in a case that emphasizes the important differences between different circuits with regards to TCPA case law and Automatic Telephone Dialing System (ATDS) definitions. The case—Kempton v. Life for Relief & Dev.,… Continue reading Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping
Author: stefen
District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA
A recent District Court ruling in a Telephone Consumer Protection Act (TCPA) case—Savett v. Anthem, Inc., CASE NO. 1:18-CV-274, 2019 U.S. Dist. LEXIS 190955 (N.D. Oh. Nov. 4, 2019)—threads a very specific needle and provides an interesting clarification regarding what constitutes a telemarketing robocall to a landline. The case involved prerecorded calls that Anthem placed… Continue reading District Court Rules That Non-Commercial Advertising Robocalls to Landlines Do Not Violate TCPA
California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts
A California District Court handed down a ruling in a debt collection-related Telephone Consumer Protection Act (TCPA) case that potentially sets a clarifying precent on how revocation of consent applies to debtors with multiple accounts. The case—Henry Mendoza v. Allied Interstate LLC, et al., Case No. SACV 17-885 JVS, Doc. No. 64 (C.D. Cal. Oct.… Continue reading California District Court Rules that Revocation of Consent for One Account Doesn’t Automatically Apply to All of Plaintiff’s Accounts
California Court Rules in Favor of Marijuana Mobile App in TCPA Case
A California district court issued a ruling in favor of the defendant in an unusual Telephone Consumer Protection Act (TCPA) class action case involving a company that operates a mobile app designed to deliver cannabis products. The court granted a motion by the defendant to compel arbitration, which could have significant implications for future litigation… Continue reading California Court Rules in Favor of Marijuana Mobile App in TCPA Case
UPDATE: Pennsylvania Governor Signs New Robocall Restrictions Into Law
As we previously noted, the Pennsylvania state legislature passed a bill enacting new restrictions on robocalls. Now governor Tom Wolf has signed that bill into law. To reiterate our previous coverage, the most notable aspect of this law is the provision that eliminates the 5 year time limit on the state’s Do Not Call (DNC)… Continue reading UPDATE: Pennsylvania Governor Signs New Robocall Restrictions Into Law
TCPA Class Action Brought Against President Trump’s Campaign
While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.
Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements
The office of Curtis T. Hill, Attorney General for the state of Indiana, has issued an opinion that clarifies certain aspects of new telemarketing regulations passed by the state legislature. Most notably, the AG sets forth some exemptions to the telemarketing registration requirements run that legislation. These registration requirements were a part of amendments to… Continue reading Attorney General Explains Exemptions to Indiana Telemarketing Registration Requirements
California Governor Signs New Robocall Bill Into Law
California Governor Gavin Newsom signed new legislation into law that is designed to address fraudulent robocalls. The bill, SB208, Consumer Call Protection Act of 2019, announces that its purpose is to “identify those engaging in deceptive robocalls and protect Californians, especially vulnerable populations, from impostors using telecommunications to defraud consumers.” An addition to the Public… Continue reading California Governor Signs New Robocall Bill Into Law
California Court Applies Broad Definition of ATDS from Marks
A new decision by the Eastern District of California made use of the Ninth Circuit’s broad definition of what constitutes an automatic telephone dialing system (ATDS) from last year’s Marks v. Crunch San Diego decision. The Court’s decision to grant the plaintiff’s motion for summary judgement in a new case provides further evidence of the… Continue reading California Court Applies Broad Definition of ATDS from Marks
Pennsylvania Set to Pass Stricter Robocall Rules Into Law
The Pennsylvania state legislature passed a new bill, HR-318, that introduces a number of new restrictions for robocalls. The most notable is that it now extends the state-level Do Not Call List protections in perpetuity. Previously, those protections only lasted for five years unless renewed. Callers will now need to honor any DNC restrictions indefinitely unless… Continue reading Pennsylvania Set to Pass Stricter Robocall Rules Into Law