Author Archives

Artin Betpera

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 […]

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 […]

Yahoo! Part Deux: Court Reconsiders Prior Ruling in TCPA Class Action and Grants Summary Judgment in Favor of Yahoo! on ATDS Use Finding no Ambiguity in the Statutory Definition

Late last week, a District Court in the Northern District of Illinois reconsidered a ruling it made back in 2014 denying Yahoo!’s summary judgment motion, and granted the motion in light of ACA Int’l.  Johnson v. Yahoo!, Inc., No. 14-cv-02028 (N.D. Ill. Nov. 29, 2018).      Notably, this […]

We’re Going to Vegas!: TCPA Class Action Transferred to Nevada Because Use of California-Based Text Platform Wasn’t Enough to Establish Personal Jurisdiction Over Caesars in California

The “Ivy” AI text message platform is in the cross-hairs again in a class action filed against Caesars Entertainment Corporation in Castillo v. Caesars Entm’t Corp., No. 18-cv-05781-EMC, 2018 U.S. Dist. LEXIS 201721 (N.D. Cal. Nov. 28, 2018).  But unlike the class action involving the same platform against […]

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 […]