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
Tag: 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
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.
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
District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent
The plaintiff in Johnson v. Capital One Servs., No. 18-cv-62058, 2019 U.S. Dist. LEXIS 159633 (S.D. Fla. Sept. 16, 2019) attempted a novel technique in order to provoke Telephone Consumer Protection Act (TCPA) violations from the defendant: trying to revoke consent by speaking with a fake British accent and telling the defendant’s agent that they were… Continue reading District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent
Two New District Court Rulings Apply Statutory Definition of ATDS
A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v. Yahoo
FCC Delays Implementation of Recycled Number Database Until 2020
In December 2018, the FCC announced a plan to create a reassigned number database. Callers would be able to scrub their number lists against this database in order to remove any numbers that have been reassigned to new users, thus decreasing the possibility of incurring Telephone Consumer Protection Act (TCPA) violations by calling these new… Continue reading FCC Delays Implementation of Recycled Number Database Until 2020
New House Bill Changing Arbitration Rules Could Have TCPA Implications
As one of their first acts upon returning from the August recess, the House of Representatives Judiciary Committee passed the Forced Arbitration Injustice Repeal (FAIR) Act. This bill could have consequences for Telephone Consumer Protection Act (TCPA) lawsuits in the unlikely event that it becomes enacted into law. The bill is primarily designed to address… Continue reading New House Bill Changing Arbitration Rules Could Have TCPA Implications
California Jury Renders $267 Million TCPA Verdict Against a Debt Collector
A California-based debt collector received an astoundingly high amount of damages in a verdict rendered this week. The jury in McMillion v. Rash Curtis & Associates, 4:16-cv-03396 (N.D. Cal.) hit the defendant with a $267 million verdict for Telephone Consumer Protection Act (TCPA) violations on 534,000 calls. While many debt-collection TCPA cases are never even… Continue reading California Jury Renders $267 Million TCPA Verdict Against a Debt Collector