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 […]
Sometimes the line between what is and isn’t an “advertisement” within the meaning of the TCPA isn’t quite clear. But as illustrated by today’s ruling in Legg v. Ptz Ins. Agency, No. 14 C 10043, 2018 U.S. Dist. LEXIS 137811, at *4 (N.D. Ill. Aug. 15, 2018), it’s better […]
Sit back and grab your popcorn. I’m about to tell you about a recent ruling involving a fight over a class settlement with the Tampa Bay Buccaneers in a junk fax TCPA class action. While this story might sound like it’s straight out of a Bravo reality TV […]
What a day for contractual consent provisions! Just hours after the Czar wrote about a positive development around “Good Reyes” (Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51 (2d Cir. 2017), as amended (Aug. 21, 2017)) came yet another positive development – this time within the Eleventh […]
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. […]
On Friday, the Sixth Circuit held in a matter of first impression that claims under TCPA survive the death of the Plaintiff, and may be prosecuted by a successor-in-interest. In Parchman v. SLM Corp., No. 17-5968, 2018 U.S. App. LEXIS 20194 (6th Cir. Jul. 20, 2018), the District […]
In Bristol-Myers Squibb Co. v. Superior Court of California, 137 S.Ct. 1773 (2017), the Supreme Court held a state court did not have specific jurisdiction in a mass tort action over the non-resident defendant as to the claims asserted by non-resident plaintiffs. The exercise of jurisdiction under those […]
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 […]
Artin Betpera
Erin Kubota
Eric J. Troutman
Joshua Anderson
Marty Stern
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Puja J. Amin
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Susan N. Nikdel
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