TCPA

We wrote about this issue last year, although the issue remains somewhat unsettled.  (https://www.severson.com/hyman-s-j-and-figueroa-k-contribution-and-indemnity-for-wrong-number-calls-under-the-telephone-consumer-protection-act-vol-73-conf-cons-fin-l-q-84-fall-2019/) In Anthony v. Progressive Leasing, No. 1:19-cv-04431-TWP-MJD, 2020 U.S. Dist. LEXIS 105846, at *5-8 (S.D. Ind. June 16, 2020), the District Court declined to allow a counter-claim for indemnity against a TCPA's Plaintiff's spouse who allegedly had provided the number. In her complaint, Plaintiff brings a… Read More

In Walker v. Westlake Fin. Servs., No. 19 C 6921, 2020 U.S. Dist. LEXIS 105794 (N.D. Ill. June 17, 2020), Judge Kendall permitted an FDCPA/TCPA defendant to file a counter-claim on the debt back against the Plaintiff. Walker, however, takes too narrow a view and disregards several relevant facts. Here, Westlake's claim involves "the same parties, contracts, and course of… Read More

In Fitzhenry v. Safe Sts. United States Llc, No. 5:19-CV-394-BO, 2020 U.S. Dist. LEXIS 105364 (E.D.N.C. June 16, 2020), the District Court permitted “other complaints” discovery in a TCPA action. Finally, Safe Streets objects to producing lists of past TCPA litigation or complaints, but such information is plainly related to willfulness and the issue of damages and is thus discoverable.… Read More

In Panzarella v. Solutions, No. 18-3735, 2020 U.S. Dist. LEXIS 104746 (E.D. Pa. June 15, 2020), Judge Tucker granted summary judgment to a TCPA defendant on the basis that no ATDS was used under the TCPA. Plaintiffs, in arguing that the ININ system is an ATDS, point to the ININ user manual and a declaration from an expert, Randall Snyder.… Read More

In N. L. v. Credit One Bank, N.A., Nos. 19-15399, 19-15938, 2020 U.S. App. LEXIS 17434 (9th Cir. June 3, 2020), the Court of Appeals for the 9th Circuit followed Soppet and Osorio decisions regarding calls to recycled to cellular telephones. Credit One also attempts to draw support from certain orders of the FCC, which has authority to promulgate regulations implementing… Read More

In Grant v. Regal Auto. Grp., No. 8:19-cv-363-T-23JSS, 2020 U.S. Dist. LEXIS 91897, at *7 (M.D. Fla. May 27, 2020) , the District Court certified a 'ringless voicemail' TCPA class. The plaintiff proposes administratively feasible methods for ascertaining class members. First, the plaintiff aims to use third-party records, which should determine the scope of the potential class with precision. Although… Read More

In Wright v. USAA Sav. Bank, No. 2:19-cv-00591 WBS CKD, 2020 U.S. Dist. LEXIS 90576 (E.D. Cal. May 21, 2020), Judge Shubb found no revocation of consent under the TCPA where the consumer purposefully mailed the revocation letter to the wrong address. Under the facts presented here, no reasonable trier of fact could find that plaintiff used reasonable means to… Read More

In Calhoun v. FLRish, Inc., No. 19-cv-08212-JCS, 2020 U.S. Dist. LEXIS 84485, at *5-7 (N.D. Cal. May 13, 2020), Judge Spero stayed a TCPA pending the outcome of the SCOTUS' decision in Barr v. AAPC.  A number of other district courts have stayed TCPA cases claiming violations of the ATDS prohibition pending a decision in AAPC. See, e.g., Lacy v.… Read More

On May 6, the Supreme Court heard oral argument on the constitutionality of the TCPA in Barr v. American Association of Political Consultants Inc.  As oral argument was held by teleconference, a video transcript of the proceedings can be found at the link below.   https://www.youtube.com/watch?v=JK4ylRQTkwo   Read More

In Medley v. Dish Network, No. 18-13841, 2020 U.S. App. LEXIS 14052, at *13-18 (11th Cir. May 1, 2020) , the Court of Appeals for the Eleventh Circuit followed the Second Circuit's Reyes decision, finding that contractual consent cannot be revoked under the TCPA. Finally, Medley appeals the district court's ruling in favor of DISH on her TCPA claim. The… Read More