Artin Betpera

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA Class Action

By Artin Betpera on October 3, 2018 • ( 6 Comments )

CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D. Ill. Sept. 27, 2018). The lawyers and experts for Citi did a clinical job […]

Glass Half Full: Court Finds FCC’s Prior Rulings Still Intact, But That Defendant’s Clicker System Not an ATDS under the TCPA (And How This All Squares With Marks v. Crunch)

By Artin Betpera on September 25, 2018 • ( Leave a comment )

Glasser v. Hilton Grand Vacations Co., No. 8:16-cv-952-JDW-AAS, 2018 U.S. Dist. LEXIS 162867 (M.D. Fla. Sept. 24, 2018) makes the twenty fifth case on our Post-ACA Int’l ATDS Scorecard. And this one falls into the same camp as Maddox v. CBE Group in holding that the “human intervention” […]

“X”-Treme Marks the Spot: Ninth Circuit Takes Extreme Position – Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA

By Artin Betpera on September 20, 2018 • ( 15 Comments )

We broke the news this morning that the Ninth Circuit published its opinion in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018). We now have a new definition of an ATDS in the Ninth Circuit. It is: [T]he term “automatic […]

BREAKING: Ninth Circuit Reverses in Marks v. Crunch Appeal. Holds ATDS Includes Device That Stores Telephone Numbers to Be Called, Regardless of Random or Sequential Number Generation

By Artin Betpera on September 20, 2018 • ( 2 Comments )

The Marks v. Crunch appeal was just published a moment ago, and the Ninth Circuit has weighed in on the definition of an ATDS. Held: [T]he statutory definition of ATDS includes a device that stores telephone numbers to be called, whether or not those numbers have been generated […]

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From State Court

By Artin Betpera on September 19, 2018 • ( 1 Comment )

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was remanded based on the plaintiff’s argument that the defendant could […]

The Fight of His Life: Interview With Business Owner Hit With Devastating $12.5M Personal Judgment for Technical Violation of TCPA Fax Rules Now Available on Episode 18 of the Ramble

By Artin Betpera on September 18, 2018 • ( Leave a comment )

As reported last week, we had a very special interview on the Ramble with Gene Kalsky, CEO of Gen-Kal Pipe & Steel Corporation. Mr. Kalsky is the self-made businessman who was slapped with a $12,500,000 judgment for a seemingly technical violation of the TCPA’s fax rules. That interview is […]

A Sign of Things to Come in TCPA Lawsuits?: Plaintiffs Use Lack of Article III Standing as a Sword to Avoid Federal Jurisdiction

By Artin Betpera on September 14, 2018 • ( 2 Comments )

We reported last month on a case where a defendant had moved to dismiss a plaintiff’s TCPA claim based on lack of Article III standing, only to end up back in the state court from which the case was removed. And just as Jay Edleson predicted when he […]

The Fight of His Life: Gene Kalsky Joins the Ramble to Discuss the Devastating Impact of the $12.5M Personal Judgment Against Him Based on a Technical Violation of the TCPA’s Fax Rules

By Artin Betpera on September 13, 2018 • ( 1 Comment )

We just wrapped Episode 18 of the Ramble, and had a very special interview with Gene Kalsky, CEO of Gen-Kal Pipe & Steel Corporation. He’s the business owner discussed in the article from the Cape May Herald we republished on our site back in August who’d been hit […]

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Artin Betpera

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA Class Action

Glass Half Full: Court Finds FCC’s Prior Rulings Still Intact, But That Defendant’s Clicker System Not an ATDS under the TCPA (And How This All Squares With Marks v. Crunch)

“X”-Treme Marks the Spot: Ninth Circuit Takes Extreme Position – Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA

BREAKING: Ninth Circuit Reverses in Marks v. Crunch Appeal. Holds ATDS Includes Device That Stores Telephone Numbers to Be Called, Regardless of Random or Sequential Number Generation

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From State Court

The Fight of His Life: Interview With Business Owner Hit With Devastating $12.5M Personal Judgment for Technical Violation of TCPA Fax Rules Now Available on Episode 18 of the Ramble

A Sign of Things to Come in TCPA Lawsuits?: Plaintiffs Use Lack of Article III Standing as a Sword to Avoid Federal Jurisdiction

The Fight of His Life: Gene Kalsky Joins the Ramble to Discuss the Devastating Impact of the $12.5M Personal Judgment Against Him Based on a Technical Violation of the TCPA’s Fax Rules

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