Author Archives

Artin Betpera

Behind the Faxes: Sixth Circuit Holds That Plaintiff in TCPA Junk Fax Class Action Adequately Pled That Informational Fax Violated TCPA Because it was a “Pretext” For Solicitation

Late last week, the Sixth Circuit held that a plaintiff in a junk fax class action alleged sufficient facts to establish that a fax – which was seemingly informational on its face – was nonetheless an “unsolicited advertisement” within the meaning of the TCPA.  So what kind of […]

Splitting Hairs?: Court Finds Bristol-Myers Squibb Does Not Apply to Rule 23 Class Actions and Denies Motion to Dismiss Claims of Non-Resident Class Members in Nationwide TCPA Class Action

A few weeks ago, Judge Leigh Martin May in the Northern District of Georgia denied a Defendant’s Rule 12(b)(2) motion to dismiss brought on the basis that, under Bristol-Myers Squibb, the court lacked subject matter jurisdiction over non-resident class member’s claims. Dennis v. IDT Corp., No. 1:18-CV-2302-LMM, 2018 WL […]

Cut Down to Size: Court Applies Bristol-Myers Squibb to Strike Class Definition Asserting Claims of Nonresident Class Members in TCPA Junk Fax Class Action

In Mussat v. IQVIA, Inc., 2018 WL 5311903 (N.D. Ill. Oct. 26, 2018) Judge Virginia M. Kendall of the Northern District of Illinois held that Bristol-Myers Squibb applies to Rule 23 class actions, and consequently struck the Plaintiff’s class definition to the extent it sought to assert junk […]

Swinging for the Fences: Consumer-Side TCPA Comments Urge the FCC to Adopt the Ninth Circuit’s Definition of an ATDS and Expand the TCPA to Regulate Smartphone Use (TCPAland Comment Review Vol. III)

I just finished reading through most of the big consumer-side comments from notable Plaintiff’s lawyers, and consumer protection organizations.  News flash: they all agree that the FCC should adopt the Marks interpretation of an ATDS, and that smart phones should in some form or another be regulated by […]

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

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)

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” […]