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Robocalling Motion to Dismiss ATDS

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Updates — July 2025

The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more

Troutman Pepper Locke

California Federal Court Dismisses TCPA Complaint Finding Recruitment Messages Are Not Solicitations

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In a recent ruling, a U.S. District Court for the Central District of California granted a defendant’s motion to dismiss a complaint brought under the Telephone Consumer Protection Act (TCPA). The complaint alleged that the...more

Troutman Pepper Locke

Colorado Federal Court Declines to Dismiss TCPA Claim: Finds ATDS Plausibly Alleged Based on Reasoning in Facebook’s Footnote 7

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More than two years after the Supreme Court’s opinion in Facebook v. Duguid, courts and litigants continue to wrestle with the statutory definition of “automatic telephone dialing system” (ATDS) under the Telephone Consumer...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Class Objections And Robocalls

This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on...more

Faegre Drinker Biddle & Reath LLP

Another Fifth Circuit Court to Follow in Creasy’s Footsteps

The Eastern District of Texas recently dismissed a plaintiff’s TCPA claim in Cunningham v. Matrix Financial Services, LLC,  No. 4:29-cv-896 (E.D. Tex. Mar. 31, 2021) for lack of subject matter jurisdiction. This decision...more

Faegre Drinker Biddle & Reath LLP

From the Four Corners of the Pleading: Plaintiffs Cannot Rely On Factual Allegations Outside the Pleadings To Defeat a Motion to...

The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting that “the text messages...more

Womble Bond Dickinson

Marks Makes its Mark: First District Court TCPA Decision Relying On Marks Upholds Threadbare ATDS Pleadings

Womble Bond Dickinson on

Well that didn’t take long. Yesterday the court in Keifer v. Hosopo Corp., Case No. 3:18-cv-1353, 2018 U.S. Dist. Lexis 183468 (S.D. Cal. Oct. 25, 2018) issued the first ATDS decision in the country relying on Marks. Not...more

Womble Bond Dickinson

Polly Want Statutory Damages?: Court Confirms Parroting the Language of the TCPA Won’t Get You Far

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In Montinola v. Synchrony Bank, Civil Action No. 17-8963, 2018 U.S. Dist. LEXIS 146716 (D.N.J. Aug. 28, 2018), the District of New Jersey granted defendant’s Rule 12(b)(6) motion to dismiss based on Plaintiff’s failure to...more

Womble Bond Dickinson

It Will All Come Out in the “Wash”: Did a Southern California District Court Just Solve the TCPA’s ACA Int’l/ATDS Conundrum Once...

Womble Bond Dickinson on

Sometimes the most obvious answer is the hardest one to see. For weeks now the courts have been debating whether the 2003 and 2008 Predictive Dialer Rulings were set aside by ACA Int’l or just the 2015 TCPA Omnibus ruling....more

Womble Bond Dickinson

Two Texts are Apparently Enough to Allege ATDS Use as Courts Continue to Struggle with Pleading Standard in TCPA Text Cases

Womble Bond Dickinson on

On June 7, 2018, a Florida district court held that Plaintiff’s putative class action allegations that Defendant twice texted his cell phone number without consent using an ATDS was sufficient to state a claim under the TCPA...more

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