During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Effective, Experienced, Exceptional.

Firm Profile

CEB Prac. Guide § 2B.03: Calls to Cell Phones -- "Making" a Call

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Nev.) Finds TCPA Claim Properly Pleaded Against Text Transmitter Service

by Scott J. Hyman |

In Bauman v. Saxe, No. 2:14-cv-01125-RFB-PAL, 2019 U.S. Dist. LEXIS 23351 (D. Nev. Feb. 13, 2019), Judge Boulware found that a TCPA plaintiff stated a claim against Twilio, who allegedly transmitted telemarking text messages in violation of the TCPA.  The facts alleged were as follows: The Saxe Defendants are: David Saxe; David Saxe Productions, Inc.; David Saxe Productions, LLC; Saxe Management,… Read More

District Court (Ill.) Says Web Service was a Common Carrier Exempt from TCPA; Says Text Messages at Issue Were Not “Advertisements”

by Scott J. Hyman |

In Payton v. Kale Realty, LLC,  2016 WL 703869 (N.D. Ill. 2016), Judge Lefkow held that a web service was exempt from the TCPA. Regardless of plaintiffs' self-defeating argument, the undisputed facts establish that VoiceShot provides telecommunication services rather than information services. While plaintiff is correct that VoiceShot's services include data storage to allow users to store contact lists and past… Read More

District Court (NY) Says Experian Neither Directly nor Vicariously Liable under TCPA for Unsolicited Texts

by Scott J. Hyman |

In Melito v. American Eagle Outfitters, Inc., 2015 WL 7736547, at *4-5 (S.D.N.Y., 2015), Judge Caproni dismissed a TCPA class action against Experian for unsolicited texts sent by American Eagle in connection with a marketing campaign.  First, the Court found no direct liability under the TCPA. The plain language of section 227(b)(1)(A)(iii) imposes liability upon persons that “make” a telephone call… Read More

FCC Issues Omnibus Declaratory Ruling and Order on ATDS, Consent, Revocation, “Called Party”, and Informative/Telemarketing Calls

by Scott J. Hyman |

The FCC's Omnibus Ruling, along with the comments of Commissioners Wheeler, Clyburn, Rosenworcel, Pai, and O'Rielly can be found here. We will be evaluating the Ruling, and Commissioners' comments.   For questions regarding the Ruling and its impacts, please contact the group leaders of Severson & Werson's TCPA team, Eric Troutman (ejt@severson.com) or Scott Hyman (sjh@severson.com). Read More

District Court (Tex.) Finds VoIP Provider Did Not “Make a Call” Under the TCPA

by Scott J. Hyman |

In Clark v. Avatar Technologies Phl, Inc., 2014 WL 309079 (S.D.Tex. 2014), Judge Atlas granted a Motion to Dismiss under the TCPA filed against a VoIP service provider. Plaintiff alleges that, in July 2013, Avatar made a call to his cellular telephone using an “artificial or prerecorded voice.” See  id., ¶ 14. Plaintiff alleges that Avatar made the call using… Read More

District Court (Cal.) Finds Loan Servicer Exempt from FDCPA for Accounts Not-in-Default at the Time of Assignment; Finds TCPA Claim Inadequately Pleaded

by Scott J. Hyman |

In Daniels v. Comunity Lending, Inc., 2014 WL 51275 (S.D.Cal. 2014), Judge Hayes found Plaintiff’s FDCPA and TCPA claims not adequately pleaded. The FDCPA applies to debt collectors, but not to creditors. See Mansour v. Cal–Western Reconveyance Corp., 618 F.Supp.2d 1178, 1182 (D.Ariz.2009). Under the FDCPA, a “debt collector” is “any person who uses any instrumentality of inter-state commerce or… Read More

District Courts (Cal./Fla.) Say (Again) that TCPA Applies to Auto-dialed Debt Collection Calls to Cellular Telephones

by Scott J. Hyman |

In Iniguez v. CBE Group, Inc., 2013 WL 6331207 (E.D.Cal. 2013), Judge Mendez denied a Motion for Reconsideration that sought to argue his previous conclusion that the TCPA does, in fact, apply to auto-dialed debt collection calls to cellular telephones.  The three cases cited and briefly discussed by CBE in this motion for reconsideration fail to show how manifest injustice… Read More

District Court (Cal.) Finds TCPA Claim Adequately Pleaded

by Scott J. Hyman |

In Mashiri v. Ocwen Loan Servicing, LLC, 2013 WL 5797584 (S.D.Cal. 2013), Judge Lorenz found a TCPA claim adequately pleaded.  First, Judge Lorenz rejected the Defendant’s argument that the TCPA does not apply to debt collectors placing calls to wireless telephone numbers by use of an autodialer: The TCPA contains separate provisions for calls made to residential telephone lines and… Read More

District Court (Ok.) Grants Partial Summary Judgment to Plaintiff on TCPA Claim; Finds “Good Faith” Is No Defense to Claim — But is Only Relevant to Trebling

by Scott J. Hyman |

In Morgan v. Branson Vacation & Travel, LLC, 2013 WL 5532228 (W.D.Okla. 2013), Judge Cauthron granted partial summary judgment on a TCPA claim, finding that ‘good faith’ was no defense to the claim. It is undisputed that Branson placed at least 37 calls to the 6743 number and that those calls were made with an automatic dialing system subject to… Read More

1 2 3 … 6