I Can See Clearly Now: Court Holds It’s “Abundantly Clear” That the TCPA Requires “Sender” of Fax to Either Physically Transmit or Cause It to Be Sent

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Back in May 2017, Garner Properties & Management, LLC (“Plaintiff”) filed a class action against Defendants Marblecast of Michigan, Inc. (“Marblecast”) and American Woodmark Corporation (“American Woodmark”) in the Eastern District of Michigan alleging that the Defendants violated the TCPA by sending unsolicited fax advertisements (the “Fax”).  This week, […]

Holiday Cheer: Court Denies Certification in TCPA Wrong Number Class Action And Shows Just Why Wrong Number Class Actions Should Never be Certified (Teaser: Because There’s no Reliable Way to Ascertain Class Members, Consent will Always Predominate, and it Probably Violates Due Process Anyway)

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Just a few days ago, Judge William F. Jung of the Middle District of Florida denied certification in a wrong-number TCPA class action, and tore to shreds the most common methodologies proposed by plaintiffs to ascertain wrong number class members, drove a steak through the heart of the […]

Cross-Fire: First Lower Court Within Third Circuit Squarely Holds TCPA ATDS Opinion in Dominguez Requires Random or Sequential Number Generation, But Only After Another Lower Court Within the Same Circuit Says it Doesn’t

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Thus far, lower courts within the Third Circuit have been all over the place in addressing the issue of ATDS functionality post-ACA Int’l, and the meaning of the Third Circuit’s opinion in Dominguez v. Yahoo!. Back in August, a New Jersey District Court twice ruled in two different […]

This is it!: The last Ramble Episode of the Year is Here With Two Guests and a Breakdown of the Reassigned Number Database (Don’t miss it!)

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(You listening to the Ramble this December) This is it. Womble Bond Dickinson’s hilarious and informative TCPA podcast the Ramble–hosted by the great and powerful Czar of TCPAland–is off for winter break! The season’s final episode of the Ramble is available now (or really really soon)!–right here. (Fair warning I […]

This is How It Is in TCPAland: Class Counsel Moves to Strike Defendant’s Consent Defense for Seeking One Week Extension to Redact PII from Data Production

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Lest anyone think TCPAland isn’t fraught with peril for unwary defendants, let me tell you a quick tale. Citibank is facing TCPA class litigation in the Northern District of California–yes the same Citibank that so recently defeated certification of a TCPA case in Illinois– and was recently compelled […]

Woah!: The Top 10 Things You Need to Know About the FCC’s Big New Reassigned Number Database (that Isn’t Really a Reassigned Number Database) Right Now

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All right TCPAland, its official. The FCC has adopted and implemented its new rules regarding the creation of a *cough* reassigned number *cough* database. The rule is designed to cut down on wrong number robocalls and is available here.  Here is TCPAland.com’s official top 10 take aways that […]