Author Archives

Artin Betpera

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 […]

Plaintiff’s TCPA Joyride Comes to a Swift End: Court Tosses Putative Text Message Class Action After Finding Plaintiff Consented by Texting “Joyride” to Opt In

TCPALand is filled with people trying to game the system, especially when it comes to text message TCPA cases.  You’ve got the classic opt-out evader, as we just saw in the Edible Arrangements case.  But sometimes, the play involves the “opt-in invader” (see what I did there?). Enter […]