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 […]
The Defendant in Bad Reyes is going to have to wait to appeal the court’s ruling on ATDS functionality. Recall that Estrellita Reyes v. Bca Fin. Svs. (aka “Bad Reyes“) is part III in our post-ACA Int’l ATDS functionality saga. Following the court’s ruling – which found that […]
The post-ACA Int’l rulings on ATDS functionality continue to pile up at a clip of about one new ruling every 1-2 weeks. The newest in the series is last week’s ruling out of the Northern District of Georgia – Maddox v. Cbe Group, No. 1:17-CV-1909-SCJ, 2018 U.S. Dist. […]
The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now we’ve got the next movie in the saga, and […]
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 […]
The D.C. Circuit’s admonishment to the FCC over its failure to define “the precise functions that a device must have capacity to perform for it to be considered an ATDS” has created quite the fall out. Since ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 […]
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