Category: Uncategorized

Two First-in-the-Nation Holdings by Lower Court: Minnesota District Court Declines to Follow Marks and Finds That Caller Had the Right to Reasonably Rely Upon Consent of the Prior Subscriber in Reassigned Number Case

Hold on to your britches everyone. A court in the District of Minnesota just issued a summary judgment ruling with two first-in-the-nation holdings. The first, that the Third Circuit’s holding in Dominguez and the Second Circuit’s holding in King are “more persuasive” than Marks, and that equipment must […]

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires District Courts to Follow the FCC’s TCPA Rulings

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal question: Whether the Hobbs Act required the district court in this case […]

Behind the Faxes: Sixth Circuit Holds That Plaintiff in TCPA Junk Fax Class Action Adequately Pled That Informational Fax Violated TCPA Because it was a “Pretext” For Solicitation

Late last week, the Sixth Circuit held that a plaintiff in a junk fax class action alleged sufficient facts to establish that a fax – which was seemingly informational on its face – was nonetheless an “unsolicited advertisement” within the meaning of the TCPA.  So what kind of […]