Author Archives

Artin Betpera

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” […]

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

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

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

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 […]

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

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 […]

You Have the Right to Defend Your Business Model: Court Allows Online Lead Generator to Intervene in Putative TCPA Class Action

Online lead generation is huge business, and present across all manner of consumer industries including lending, home services, insurance, healthcare – you name it.  By the time these leads reach the caller, a consumer will have visited the lead generator’s website, provided their contact information, accepted TCPA consent […]