TCPA

In Dudley v. Solar, No. 21-659, 2021 U.S. Dist. LEXIS 135609 (E.D. Pa. July 21, 2021), Judge Pandora held that DNC claims exist for calls placed to cellular telephones. Vision Solar argues that Plaintiffs have no cognizable private right of action under § 227(c) of the TCPA because they fail to allege facts that give rise to a plausible inference… Read More

In Perez v. Indian Harbor Ins. Co., No. 4:19-cv-07288-YGR, 2021 U.S. Dist. LEXIS 118267, at *2-4 (N.D. Cal. June 24, 2021), Judge Gonzalez Rogers said that Duguid was not much help to an insurance carrier fighting a final TCPA judgment entered against its insured. In this action, Ignacio Perez is now seeking to recover monies against Indian Harbor. (See Dkt. No. 1 at… Read More

In Hufnus v. Donotpay, Inc., No. 20-cv-08701-VC, 2021 U.S. Dist. LEXIS 118325, at *1-5 (N.D. Cal. June 24, 2021), Judge Chhabria dismissed a TCPA claim on the basis that defendant did not call using an ATDS. DoNotPay's motion to dismiss is granted. To state a claim under the Telephone Consumer Protection Act (TCPA), Hufnus must allege that DoNotPay sent messages using… Read More

In Timms v. Usaa Fed. Sav. Bank, No. 3:18-cv-01495-SAL, 2021 U.S. Dist. LEXIS 108083, at *8 (D.S.C. June 9, 2021), Judge Lydon ruled against a TCPA plaintiff on whether an aspect dialer was an ATDS after Duguid.  Defendant's Motion submits that it is entitled to judgment as a matter of law on the TCPA claim because it did not use an ATDS… Read More

In Horn v. Liberty Ins. Underwriters, Inc., No. 19-12525, 2021 U.S. App. LEXIS 16279, at *1-3 (11th Cir. June 1, 2021), the Court of Appeals affirmed summary judgment for an insurance carrier regarding a dispute over coverage for a TCPA action. This appeal requires us to interpret an insurance agreement between iCan Benefit Group, LLC, a Florida company, and its… Read More

In LaGuardia v. Designer Brands, Inc., No. 2:20-cv-2311, 2021 U.S. Dist. LEXIS 97396 (S.D. Ohio May 24, 2021), Magistrate Judge Morrison rejected the Creasy holding on the constitutionality of the TCPA after Barr.  Since the AAPC decision was issued less than a year ago, district courts have split on the application of AAPC to TCPA claims arising between 2015-2020. Two courts have… Read More

In Cranor v. 5 Star Nutrition, L.L.C., No. 19-51173, 2021 U.S. App. LEXIS 15795 (5th Cir. May 26, 2021), the Court of Appeals for the Fifth Circuit found Art. III standing arising from the sending of a single text message. On similar facts, the Eleventh Circuit concluded there is no common law analogue to the harm of receiving an unwanted… Read More

In Leyse v. Bank of Am. Nat'l Ass'n, No. 20-1666, 2021 U.S. App. LEXIS 14897, at *1-3 (3d Cir. May 19, 2021), the Court of Appeals for the Third Circuit found that a TCPA Plaintiff had no standing. On March 11, 2005, DialAmerica Marketing, Inc., on behalf of Bank of America, called the residential telephone line that Leyse shared with… Read More

In Warren v. Credit Pros Int'l Corp., No. 3:20-cv-763-TJC-MCR, 2021 U.S. Dist. LEXIS 79150, at *20-28 (M.D. Fla. Apr. 26, 2021), Judge Richardson ordered a TCPA defendant to produce sweeping discovery in a TCPA class action. Now, as to the first category of documents, the Court finds that Plaintiff is entitled to receive information regarding the hardware, software, and capabilities of… Read More

In Mey v. Medguard Alert, No. 5:19-CV-315, 2021 U.S. Dist. LEXIS 80083, at *13-14 (N.D.W. Va. Apr. 27, 2021), Judge Tates found that the SCOTUS' holding in Barr didn't render the TCPA unconstitutional for non-government backed debts. Those courts which have found the TCPA to be valid with regard to non-Government debt calls, even in light of Barr,include McCurley, supra; Less v. Quest… Read More