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9th Cir. Says District Court Erred in Quantum of Proof Defendant Must Show under CAFA to Remove a TCPA Case; States ‘Express Consent’ is an Affirmative Defense on Which Defendant Bears the Burden of Proof

by Scott J. Hyman |

In Grant v. Capital Management Services, L.P., 2011 WL 3874877 (9th Cir. 2011), the Court of Appeals held that the District Court erred in the quantum of proof it required the Defendant to demonstrate in removing a TCPA case under CAFA.    Because neither the size of the proposed class nor the total amount in controversy was apparent from the… Read More

District Court (Ill.) Finds Auto Finance Company’s Dialer Fell Under TCPA; Calls to Cell Phones Not Exempt

by Scott J. Hyman |

In Griffith v. Consumer Portfolio Serv., Inc., 2011 WL 3609012 (N.D.Ill. 2011), Judge Grady denied an automobile finance company’s motion for summary judgment on the sole issue of whether it’s dialing system was an ADAD within the meaning of the TCPA.  The finance company’s system was described as follows:   The named plaintiffs in this case, Roslyn Griffith and Jerret… Read More

Court of Appeal (Tex.) Affirms TCPA Jury Verdict, Finds TCPA Penalty Not Based on Calls “Received”

by Scott J. Hyman |

In First Nat. Collection Bureau, Inc. v. Walker,  --- S.W.3d ----, 2011 WL 2716778 (Tex. App. 2011), the Texas Court of Appeal affirmed a $147,000 jury verdict against a debt collector based on willful violations of the TCPA.  The facts were as follows: Walker filed this lawsuit on June 30, 2008. In her live pleading, Walker contended FNCB made calls… Read More

Illinois Fed. District Courts Issue a Pair of TCPA Decisions

by Scott J. Hyman |

In Vance v. Bureau of Collection Recovery LLC, 2011 WL 881550 (N.D.Ill. 2011), Judge Dow found that Plaintiff had pleaded enough facts to proceed on a TCPA claim arising out of debt collection calls to his cellular telephone. The facts recited in the opinion were scarce, but, basically, it appears that the Plaintiff alleged that she received multiple automated debt… Read More

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