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In Eaton v. Midland Credit Mgmt., No. 16cv3025-MMA (MDD), 2019 U.S. Dist. LEXIS 82346 (S.D. Cal. May 15, 2019), Judge Anello held that TCPA/FDCPA claims survive a Plaintiff’s death. Additionally, the claims pleaded are not extinguished. Decedent asserted claims under the TCPA and FDCPA. See Doc. No. 1-1. The Ninth Circuit has recognized that claims under the [*3]  FDCPA survive the… Read More

In Revitch v. Citibank, N.A., No. C 17-06907 WHA, 2019 U.S. Dist. LEXIS 72026, at *11-14 (N.D. Cal. Apr. 28, 2019), Judge Alsup denied class certification in a TCPA "wrong number" class action. District courts have split on the propriety of class certification in similar "wrong number" TCPA actions. Plaintiff heavily relies on a line of decisions that includes West… Read More

In Melito v. Eperian Mktg. Sols., Nos. 17-3277-cv (L), 17-3279-cv (Con), 2019 U.S. App. LEXIS 12945, at *16-20 (2d Cir. Apr. 30, 2019), the Court of Appeals for the Second Circuit followed the 9th Circuit's decision in Van Patten and held that the District Court had jurisdiction to address a class action because the class representative had Article III standing under Spokeo. Experian contends… Read More

In Mauthe v. Nat'l Imaging Assocs., No. 18-2119, 2019 U.S. App. LEXIS 11232 (3d Cir. Apr. 17, 2019), the Court of Appeals for the Third Circuit found that a fax was not a solicitation for goods and services. Moreover, the fax did not tell Mauthe that he [*7]  could purchase healthcare management services from defendant or direct him to a website… Read More

In Gadelhak v. At&T Servs., No. 17-cv-01559, 2019 U.S. Dist. LEXIS 55200 (N.D. Ill. Mar. 29, 2019), Judge Chang dismissed a TCPA claim for absence of use of an ATDS. Because ACA International invalidated the Commission's prior orders defining the term ATDS—and also declined to articulate their own definition of the term—the Court moves on to interpreting the TCPA unburdened… Read More

In McCurley v. Royal Seas Cruises, Inc., No. 17-cv-00986-BAS-AGS, 2019 U.S. Dist. LEXIS 52173 (S.D. Cal. Mar. 27, 2019), Judge Bashant certified a TCPA-telemarketing class. In the wake of Van Patten and McKesson, it is clear that the evidence Royal offers as evidence of consent "strongly affects" the Court's predominance analysis. McKesson, 896 F.3d at 932; see also Makaron, 324… Read More

In Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 53096 (S.D.N.Y. Mar. 28, 2019), Judge Swain found that a LiveVox system constituted an ATDS under the TCPA. The Court next turns to the question of whether the LiveVox system at issue in this case is a predictive dialer within the meaning of the FCC's… Read More

In Singer v. Las Vegas Ath. Clubs, No. 2:17-cv-01115-GMN-VCF, 2019 U.S. Dist. LEXIS 48838 (D. Nev. Mar. 25, 2019), Judge Singer found the Second Circuit’s Reyes decision incompatible with Ninth Circuit precedent. Preliminarily, the Court is bound by the Ninth Circuit's ruling in Van Patten. To the extent Reyes may serve as persuasive authority, the Court finds it cannot be… Read More

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