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

TCPA

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.

SCOTUS Issues Facebook, Inc. v. Duguid Decision on What Constitutes an ATDS

by Scott J. Hyman |

In Facebook, Inc. v. Duguid (No. 19-511) (2021), the Supreme Court of the United States ruled that The question before the Court is whether that definition encompasses equipment that can “store” and dial telephone numbers, even if the device does not “us[e] a random or sequential number generator.” It does not. To qualify as an “automatic telephone dialing system,” a device… Read More

District Court (Cal.) Certifies Creasy TCPA Issue to the 9th Circuit for Interlocutory Review

by Scott J. Hyman |

In In Stoutt v. Travis Credit Union, No. 2:20-cv-01280 WBS AC, 2021 U.S. Dist. LEXIS 57392 (E.D. Cal. Mar. 24, 2021), Judge Schubb certified the Creasy TCPA issue for review by the 9th Circuit.  The facts were as follows: In this putative class action, plaintiff Shawntel Stoutt claims that defendant Travis Credit Union violated § 227(b)(1)(A)(iii) of the Telephone Consumer Protection… Read More

District Court (Cal.) Finds Some TCPA Calls Barred by the SofL, But Still Relevant to Willfulness; Allows Call Recording Claim to Proceed

by Scott J. Hyman |

In Ewing v. Freedom Forever Ltd. Liab. Co., No. 20-cv-880-JLS (AHG), 2021 U.S. Dist. LEXIS 53561 (S.D. Cal. Mar. 22, 2021), Judge Sammartino dismissed part of a TCPA claim, but let the balance proceed.   Judge Sammartino held that some of the calls were barred by the statute of limitations, but still remained relevant. Defendants argue that "most of Plaintiff's… Read More

District Court (Cal.) Says Non-Profit Advocacy Group’s Texts’ Endorsement of Products Aligning With Non-Profit’s Mission Eviscerated the TCPA’s Non-Profit Exemption

by Scott J. Hyman |

In Massaro v. Beyond Meat, Inc., No. 3:20-cv-00510-AJB-MSB, 2021 U.S. Dist. LEXIS 46980, at *15-20 (S.D. Cal. Mar. 12, 2021), Judge Battaglia allowed a TCPA claim to proceed against PETA because their texts endorsing Beyond Meat constituted advertisements. Here, PETA appears to argue there is a blanket exemption for non-profit organizations, (Doc. No. 30-1 at 19-22), while Plaintiff contends PETA's… Read More

District Court (Cal.) Says Clicks and Pauses in One Call is Not Enough to Plead ATDS

by Scott J. Hyman |

In Hildre v. Heavy Hammer, No. 3:20-cv-00236-L-LL, 2021 U.S. Dist. LEXIS 35294 (S.D. Cal. Feb. 24, 2021), Judge Lorenz dismissed a TCPA claim. Here, Plaintiff received two calls from Defendants. (Compl. ¶¶ 15-16). The first call occurred on June 15, 2019. (Id. at ¶ 15). The second call occurred on December [*4]  3, 2019. (Id. at ¶ 16). Plaintiff alleges there… Read More

District Court (Cal.) Declines to Decertify Blast-fax TCPA Class but, Instead, Narrows the Class Definition

by Scott J. Hyman |

The procedural history in True Health Chiropractic Inc. v. McKesson Corp., No. 13-cv-02219-HSG, 2020 U.S. Dist. LEXIS 242297 (N.D. Cal. Dec. 24, 2020) is a handful, but sets the stage for Judge Gilliam’s ruling. Defendants were ordered to identify "each type of act that Defendants believe demonstrates a recipient's express permission to receive faxes (e.g. completing a software registration), (2)… Read More

District Court (Cal.) Rejects Creasy Argument on TCPA’s Finite Period of Constitutional Infirmity

by Scott J. Hyman |

In Trujillo v. Free Energy Sav. Co., LLC, No. 5:19-cv-02072-MCS-SP, 2020 U.S. Dist. LEXIS 239730 (C.D. Cal. Dec. 21, 2020), Judge Scarsi rejected the argument that Barr created a finite period of constitutional infirmity for the TCPA. Defendant does not present any authority deeming a statute ineffective, in whole or in part, where the statute suffered a finite period of constitutional infirmity… Read More

District Court (Ohio) Declines to Exercise Supplemental Jurisdiction Over Collection Counter-Claim in TCPA Case

by Scott J. Hyman |

In Slaughter v. Reg'l Acceptance Corp., No. 2:20-cv-01888, 2020 U.S. Dist. LEXIS 234729 (S.D. Ohio Dec. 14, 2020), Judge Marbley declined to exercise supplemental jurisdiction over a collection counter-claim to a TCPA case. The Court declines to exercise supplemental jurisdiction over Regional's counterclaim for breach of contract in view of the second and fourth considerations. With respect to the former,… Read More

11th Cir. Says Florida Lawyer Studying for Bar Exam Lacks Standing to Sue for Receipt of Pre-Recorded Messages Sent by Car Maker by “Ringless” Voicemail

by Scott J. Hyman |

In Grigorian v. Fca Us Ltd. Liab. Co., No. 19-15026, 2020 U.S. App. LEXIS 38370 (11th Cir. Dec. 9, 2020), the Court of Appeals affirmed the District Court’s dismissal of a TCPA class action on standing grounds, declining to reach the issue of whether ringless voicemail technology is subject to the TCPA. FCA manufactures motor vehicles and sells those vehicles… Read More

1 2 3 … 92