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Faegre Drinker Biddle & Reath LLP

Seventh Circuit Affirms Summary Judgment and Adopts Narrow Interpretation of “Telephone Solicitations”

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The Seventh Circuit recently affirmed entry of summary judgment against a TCPA plaintiff and adopted the Eastern District of Wisconsin’s interpretation of the phrase “telephone solicitations.” Hulce v. Zipongo, Inc., — F. 4th...more

Troutman Pepper Locke

Fourth Circuit Denies Class Certification Based on Lack of Ascertainability Due to Online Fax Services Being Outside TCPA’s...

Troutman Pepper Locke on

In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more

Proskauer - Minding Your Business

Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA

Proskauer - Minding Your Business on

The Sixth Circuit has joined the Second and Ninth Circuits in their broad interpretation of the Telephone Consumer Protection Act’s (TCPA) autodialer provision. In doing so, it has tipped the scale in a circuit split that is...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Disagrees with Ninth Circuit and Joins the Third and Eleventh Circuit in Adopting a Narrow Interpretation of ATDS

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In a decision released on February 19 that relied principally on rules of grammar, the Seventh Circuit held that to be an ATDS under the TCPA, a device must be capable of storing or producing telephone numbers using a random...more

Faegre Drinker Biddle & Reath LLP

Court Holds That Text-Messaging System Must Be Able to Randomly or Sequentially Generate Numbers to Qualify as an ATDS

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The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS. In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Rules Montana’s Ban on Political Robocalls is Unconstitutional

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In a unanimous decision earlier this month, the Ninth Circuit ruled that a provision in Montana’s Robocall Statute restricting political messages was unconstitutional. In doing so, the court overturned a district court ruling...more

Goodwin

District of Minnesota Rejects Marks, Grants Defendant Summary Judgment in TCPA Case

Goodwin on

On November 13, 2018, the District of Minnesota rejected the Ninth Circuit’s expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) automatic telephone dialing system (ATDS) provision in Marks v. Crunch...more

Womble Bond Dickinson

Any Way You Slice It: Court Holds LiveVox HCI is Not an ATDS Under Even the Broadest Reading of the Term

Womble Bond Dickinson on

Even under Marks, a manually-dialed call remains excluded from the TCPA, at least according to a new decision out yesterday. The District Court in Hatuey v. Ic Sys., No. 1:16-cv-12542-DPW, 2018 U.S. Dist. LEXIS 193713 (D....more

Womble Bond Dickinson

TCPA Case Closed!: Trueblue Defendants Finish the Deal– Earn Summary Judgment Because System Did not Dial Randomly or...

Womble Bond Dickinson on

Marks? What’s Marks? That’s the question TCPA litigants may be asking themselves after today’s big win by Defendants in Gary v. Gershwin A. Drain Trueblue, Case No. 17-cv-10544, 2018 U.S. Dist. LEXIS 175021 (E.D. Mich....more

Vedder Price

TCPA Alert – What’s that Crunch-ing sound? Reason being destroyed in the Ninth Circuit

Vedder Price on

Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

Fenwick & West LLP on

In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more

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