TCPA Case Closed!: Trueblue Defendants Finish the Deal– Earn Summary Judgment Because System Did not Dial Randomly or Sequentially–Marks Never Mentioned

Marks? What’s Marks? That’s the question TCPA litigants may be asking themselves after today’s big win by Defendants in Gary v. Gershwin A. Drain Trueblue, Case No. 17-cv-10544, 2018 U.S. Dist. LEXIS 175021 (E.D. Mich. Oct. 11, 2018). There the Court granted summary judgment to the defendants on the ground that […]

States Demand Real Robocall Relief—Not Broader TCPA: 35 State Attorneys General Request the FCC to Implement New Rules to Combat Illegal Spam Robocalls WITHOUT Broader TCPA

  The myth that private enforcement via the TCPA is stopping the problem is finally starting to unravel as state governing bodies turn to the FCC for real answers on the robocall epidemic. Yesterday, a bipartisan coalition of 35 state attorneys general submitted a reply comment in response […]

Boof!: Pro-Kavanaugh “Robo-Texts” Trigger Potentially Massive TCPA Class Action against Faith and Freedom Coalition, Inc. in Florida

We here at TCPAland stay politically agnostic as a matter of course, but this new lawsuit against the Faith and Freedom Coalition, Inc. tickles us just so. Apparently the Faith and Freedom Coalition (“FFC”)–allegedly some sort of Conservative-leaning PAC– blasted Florida residents with texts urging Senator Bill Nelson […]

THIS IS A TEST: Presidential Alert Probably Didn’t Violate TCPA (Probably) but did it Violate Common Law Privacy Rights or those Afforded by the First and Fourth Amendment? New York Plaintiffs Test it Out.

Last Wednesday, most of us received a jarring alert on our cellphones at approximately 2:18 p.m. (EST) It read, “THIS IS A TEST of the National Wireless System. No action is required.” This was a test of the Wireless Emergency Alert (“WEA”) system, commonly known as the “Presidential […]

Striking the Mother Lode: Court Grants Final Approval of $3.5M TCPA Class Action Settlement Providing Award of Over $800 Per Claim, and $1.05M in Attorney Fees

The District Court for the Northern District of California recently granted Plaintiffs’ Motion for Final Approval of a $3.5 Million class settlement in Gergetz v. Telenav, Inc., No. 16-CV-04261-BLF, 2018 WL 4691169 (N.D. Cal. Sept. 27, 2018).  The $3.5M settlement provides for a whopping $800+ per claim recovery […]