U.S. Chamber of Commerce files major new petition seeking re-write of ATDS definition supported by heaving-hitting trade organizations
From the Archive: Don’t Misdial. . . The Strange Story of How Your Smartphone Became An Autodialer (and why that could end up costing you a lot of dough)
(First Published Aug. 6, 2015)You probably never worry about violating federal law when you dial a phone number on your smartphone. But then again you probably never worry about “dialing” numbers from your smartphone at all anymore. It seems that we are well past digit-by-digit phone number entry […]
Contractual Consent Matters: Barton Decision Delivers First Out-of-Circuit Win for Reyes Holding that Contractual Consent is Irrevocable
It has been a long time coming but adherents to the rationale of Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51, 56 (2d Cir. 2017) finally have an out-of-circuit victory to crow about. Sort of. Setting the stage, in Reyes the Second Circuit Court of Appeal was […]
New Proposed Legislation Would Expand TCPA Definition of ATDS to Cover Dialers that Call from Lists of Numbers
Congressman Frank Pallone, Jr. (D-NJ)—ranking member of the House Committee on Energy and Commerce—introduced a discussion draft bill that would change the definition of ATDS to include dialers that make calls from lists of numbers. The full draft is available here. The draft bill—which goes by the rather […]
Uber is no stranger to TCPA litigation, having been on the receiving end of more than its share of TCPA class action targets lately. Indeed, it has been less than three months since a court approved a massive $20MM classwide settlement in a case alleging such violations against […]
This is my definitive take on these and other TCPA issues arising out of the big D.C. Circuit ruling of ACA Int’l v. FCC, No. 15-1211, Doc. No. 1722606 (D.C. Cir. Mar. 16, 2018).
District Court Overrules Magistrate’s Order Compelling Prior Complaint Information and Related Data in TCPA Class Action
Quicken Loans scored a victory earlier this week when Judge Steven D. Merryday sustained its objection to a magistrate judge’s order compelling production of every shred of documentation in any form about every do-not-call request that Quicken received.