Author Archives

Artin Betpera

Keyes to Success: Court in Eastern District of Michigan Excludes Plaintiff’s Expert Report, Then Grants Summary Judgment on TCPA Claim Holding That ACA Int’l Vacated All Prior FCC Rulings on ATDS Functionality

It’s hard to keep track of developments on ATDS functionality these days, as week-by-week we’ve had courts across the country coming out on different sides of this raging debate. This week is no different, and we have a nice ruling out today by Judge Gershwin A. Drain of […]

On the Edge of Our Seats: Court Stays Putative TCPA Class Action Pending Forthcoming ATDS Functionality Ruling in Related Case

Cavalry Portfolio Services is defending two nearly-identical putative TCPA class actions in California, and recently obtained a stay in one of those cases, pending a forthcoming ruling on ATDS functionality in the other. In Krejci v. Cavalry Portfolio Servs., No. 3:16-cv-0211-JAH-WVG, 2018 U.S. Dist. LEXIS 122904 (S.D. Cal. […]

Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings After ACA Int’l?

Call it a silver lining, but the Ninth Circuit might have just telegraphed a little something about what to expect in the big Marks v. Crunch appeal – in an otherwise not-so-great opinion reversing the denial of class certification in a putative junk-fax class action. Orienting ourselves quickly, Marks is […]