CEB Prac. Guide § 2B.05: "Call" Defined -- Other Electronic Media

In Picton v. Greenway Chrysler-Jeep-Dodge, No. 6:19-cv-196-Orl-31DCI, 2019 U.S. Dist. LEXIS 103796 (M.D. Fla. June 21, 2019), Judge Presnell allowed a TCPA claim to proceed based on “calls” placed by ringless technology. The So-called "ringless" voicemail technology allows advertisers to transmit recorded messages via the Internet directly to the voicemail box associated with a cellular telephone without causing the [*2]  phone… Read More

In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890-KMM, 2019 U.S. Dist. LEXIS 48906 (S.D. Fla. Mar. 25, 2019), Judge Moore found that direct-to-voicemail call technology placed a “call” under the TCPA.  The facts were as follows: Major Advertising, LLC, on behalf of Defendant, transmitted an unsolicited pre—recorded voicemail message (the "Message") to Plaintiff's cellular telephone, which stated as follows: Hi, this… Read More

This technology has been around for years and has been the subject of legal advice, an FCC petition, and, now, a judicial opinion.  Genevieve Walser-Jolly's Bulletin, here, discusses the recent Saunders case and direct mail-drop technology. Read More

In Breda v. Cellco Partnership d/b/a/ Verizon Wireless, 2017 WL 5586661, at *3–5 (D.Mass., 2017), Judge Casper granted summary judgment to a TCPA defendant because Plaintiff's number had been assigned to a VoiP plan that was not protected by the TCPA.  The facts were as follows: Cellco placed calls to Breda's phone number to discuss a Verizon customer's account status in error (the… Read More

In Lundstedt v. I.C. System, Inc., 2017 WL 4281057, at *2–3 (D.Conn., 2017), Judge Meyer allowed an FDCPA claim to proceed based on the call pattern alleged in the Complaint. [D]efendant argues that the alleged pattern of calls—29 calls over a period of 24 days—is legally insufficient to show an intent to annoy, abuse, or harass plaintiff as the statute requires.… Read More

In Klein v. Commerce Energy, Inc., 2017 WL 2672290, at *10 (W.D.Pa., 2017), Judge Conti granted summary judgment to a TCPA defendant against a Plaintiff who received calls over VoiP and through Google. There is no dispute that the challenged calls were made to Klein's VoIP number. Collectcents and Commerce Energy, however, dispute that either of them can be held… Read More

In Klein v. Just Energy Group, Inc., 2016 WL 3539137, at *2 (W.D.Pa., 2016), Judge Conti granted summary judgment to an energy company who's debt collectors placed wrong-party calls to Klein over Klein's Google VoiP.    Because Klein's VoIP number had been erroneously recorded as the number for P.S., Commerce Energy, Inc. d/b/a Just Energy provided Klein's VoIP number to Collectcents… Read More

In Ghawi v. Law Offices Howard Lee Schiff, P.C., 2015 WL 6958010, at *3-5 (D.Conn., 2015), Judge Arterton denied summary judgment to a TCPA defendant, rejecting the argument that the calls were not to a cellular telephone so long as the debtor told the caller that the calls were routed to a a cell phone. All Defendants argue that Mr. Ghawi's… Read More

In Telephone Science Corp. v. Trading Advantage, LLC, 2015 WL 672266 (N.D.Ill. 2015), Judge Guzman found that the TCPA was not limited to consumer protection only; it applied to autodialed calls made to a commercial business' cellular telephones, too. Telephone Science Corporation (“TSC”) brings this case under the Telephone Consumer Protection Act (“TCPA”) seeking relief for telemarketing calls defendants made to… Read More

In Nieto v. Allied Interstate, Inc., 2014 WL 4980376 (D.Md. 2014), Judge Blake granted summary judgment to a TCPA defendant on the basis that no ATDS was used to dial the call. No genuine dispute exists as to whether Allied used an ATDS in calling Nieto. In support of its assertion that it did not use an ATDS, Allied presents an affidavit… Read More