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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

4th Cir. Offers Grist for Hobbs Rule Geeks; Says FCC’s Fax Rule Was Interpretive Rule After SCOTUS Decision; Remands to District Court to Determine Whether to Give “Great Respect” or “Near Indifference” to Agency TCPA Rule

by Scott J. Hyman |

After SCOTUS punted on whether Chevron deference need be given to the FCC’s Fax Rule, so too did the 4th Cir. in Carlton & Harris Chiropractic v. Pdr Network, No. 16-2185, 2020 U.S. App. LEXIS 38073 (4th Cir. Dec. 7, 2020).  First, the Court of Appeals held that the Rule was interpretive and not legislative since the FCC had not… Read More

11th Cir. Says Attorney Called 2,000 Times on Collection of Student Debt Consented to Calls

by Scott J. Hyman |

Usually, when the Court starts out this way, it doesn’t end well for the defendant: After Navient Solutions, LLC and its affiliate, Student Assistance Corporation ("SAC"), called Joel Lucoff's cell phone almost 2,000 times concerning his unpaid student loan, Lucoff sued Navient and SAC alleging violations of the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. § 227. The… Read More

District Court (Cal.) Approves “Reverse Lookup” Class Administration in TCPA Class Action

by Scott J. Hyman |

In Chinitz v. Intero Real Estate Servs., No. 18-cv-05623-BLF, 2020 U.S. Dist. LEXIS 224999, at *8 (N.D. Cal. Dec. 1, 2020), Judge Freeman approved a class administration plan in a TCPA class action that included "reverse lookup". First, Intero objects to TransUnion running a reverse lookup on the bases that this method is not reasonably calculated to notify class members… Read More

District Court (Cal.) Says California TCPA Plaintiff Properly Sued Nevada Defendant in California, But, Since Plaintiff Sought to Represent a Class, Defendant’s Venue Choice of Nevada Controlled

by Scott J. Hyman |

In Neff v. Towbin Dodge LLC, No. 2:20-cv-00261-JAM-DMC, 2020 U.S. Dist. LEXIS 217045 (E.D. Cal. Nov. 18, 2020), Judge Mendez found that a TCPA Plaintiff properly sued in his home venue. The parties agree venue is not proper in the Eastern District of California under § 1391(b)(1), as neither Defendant is a resident of California. See FAC ¶¶ 7-10; Towbin's… Read More

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