In July, 2021, the Florida Telephone Solicitation Act, F.S.A. § 501.059 (“FTSA”), was amended to create a private right of action for those receiving marketing calls and text messages, giving rise to an onslaught of...more
Vanessa Wright v. USAA Savings Bank, No. 2:19-cv-00591 WBS CKD, 2020 WL 2615441 (E.D. Cal. May 22, 2020) -
Plaintiff, who had a credit card account with Defendant for approximately 18 years, retained counsel to address...more
Medley v. Dish Network, LLC, No. 8:16-cv-02534-CEH-CPT (11th Cir. May 1, 2020).
Plaintiff entered into a contract, providing her cell phone number and expressly authorizing Defendant “to contact [her] regarding [her] DISH...more
Wilkes v. CareSource Management Group Co., No. 4:16-cv-38 JVB, 2018 WL 4680028 (N.D. Ind. Sept. 29, 2018) -
Plaintiff husband and wife applied for health insurance coverage under the Affordable Care Act through the Health...more
Medley v. Dish Network, LLC, Case No. 8:16-cv-3534-36TBM, 2018 WL 4092120 (M.D. Fla. Aug. 27, 2018) -
Joining a host of courts across the county, the U.S. District Court for the Middle District of Florida recently ruled...more
Few v. Receivables Performances Management, No. 1:17-cv-2038-KOB, 2018 WL 3772863 (N.D. Ala. Aug. 9, 2018) -
The Telephone Consumer Protection Act, 47 U.S.C. §227 (TCPA), prohibits calls to cellular telephones using an...more
On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more
Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) -
Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more
Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv (2nd Cir. August 21, 2017) -
Plaintiff leased a car from Defendant. A term of the lease stated:
You [Reyes] also expressly consent and agree that Lessor...more
The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those prosecuting and defending these claims. A recent and...more
Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016)
Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more
Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) -
At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more
8/24/2016
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Class Members ,
Debt Collection ,
Financial Institutions ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications
On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more
8/17/2016
/ ATDS ,
Auto-Dialed Calls ,
Declaratory Judgments ,
Educational Institutions ,
Emergency Alerts ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Text Messages ,
Utilities Sector