Category: Uncategorized

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable “Ask-the-Subscriber-Who-Is-Using-Their-Phone-Plan” Administration Plan

Well now I’ve seen everything.  Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point.  Because the class consisted of wrong party call recipients the primary issue–for some reason– in the certification […]

Stay Imminent?:  District Court Orders Plaintiff to Show Cause Why TCPA Class Action Shouldn’t be Stayed Pending Ninth Circuit’s Determination of Challenges to Constitutionality of the TCPA 

    Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth Circuit in the Gallion v. Charter Commc’ns, Inc., 287 F. […]

Yahoo! Part Deux: Court Reconsiders Prior Ruling in TCPA Class Action and Grants Summary Judgment in Favor of Yahoo! on ATDS Use Finding no Ambiguity in the Statutory Definition

Late last week, a District Court in the Northern District of Illinois reconsidered a ruling it made back in 2014 denying Yahoo!’s summary judgment motion, and granted the motion in light of ACA Int’l.  Johnson v. Yahoo!, Inc., No. 14-cv-02028 (N.D. Ill. Nov. 29, 2018).      Notably, this […]

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More Important (and Complex) than Ever Before

2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down–predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the confident hands of the FCC’s new Chairman–business-friendly Republican Trump-appointee Ajit Pai— it looked like large-scale TCPA […]

A little TCPA “HELP”: Court Holds Responding to HELP Message Does not Create TCPA Liability– But Suggests Use of a Short Code Alone Supports ATDS Allegation

  Another day another patchwork ATDS decision here in TCPAland. But this latest case has an interesting wrinkle– can a text message responding to a “help” request from a consumer be sent even if the original text prompting the “help” response was sent without consent? In Zemel v. CSC […]