You Can’t Be Serious: TCPA Data Transfer to Defense Expert Lands DirectTV in Unshakable Privacy Class Action

Data privacy and protection concerns permeate TCPA class actions as consumer lawyers have become increasingly bold about demanding huge sets of private financial records and data from defendants. These demands risk the privacy and financial well being of millions of customers yet–in the greatest of ironies–courts are frequently […]

BREAKING TCPA NEWS: Defense Counsel in Marks v. Crunch Confirms to Ramble Podcast that It Will Seek Cert to the U.S Supreme Court Citing Circuit Split on ATDS Definition

Well we just wrapped our most jammed-packed edition of the Ramble yet. Wow what huge developments we’ve seen this last week. We saw the big Reyes decision in Few get reversed, we saw the first district court case to recognize that a caller can rely on the consent of a former subscriber when a […]

Controlled Chaos?: FCC Withdraws Overruled Portion of Solicited Fax Rule One Day After Supreme Court Accepts Review of Different Portion of Same Rule

The TCPA jockeying continues at the FCC. As we reported on Tuesday, the U.S. Supreme Court has just granted cert to determine whether or not the FCC’s definition of  “unsolicited advertisement” in its 2006 Junk Fax Ruling is binding on district courts pursuant to the Hobbs Act. The […]

Two First-in-the-Nation Holdings by Lower Court: Minnesota District Court Declines to Follow Marks and Finds That Caller Had the Right to Reasonably Rely Upon Consent of the Prior Subscriber in Reassigned Number Case

Hold on to your britches everyone. A court in the District of Minnesota just issued a summary judgment ruling with two first-in-the-nation holdings. The first, that the Third Circuit’s holding in Dominguez and the Second Circuit’s holding in King are “more persuasive” than Marks, and that equipment must […]

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires District Courts to Follow the FCC’s TCPA Rulings

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal question: Whether the Hobbs Act required the district court in this case […]