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

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 … Continue reading

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)

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 case by … Continue reading

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

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 cases … Continue reading