That’s Alarming: Another Court Finds that Predictive Dialer Calls are Robocalls Covered by the TCPA

Keep up everyone. In the last few days we’ve seen a flurry of developments on the ATDS definition. First came Lord and Dominguez requiring random or sequential number generation. Then came Pinkus holding that predictive dialers are not covered by the TCPA. Then came TrueBlue affirming that calling from a list is not sufficient to trigger […]

Admission Binding: Court Refuses to Allow TCPA Plaintiff to Change his Consent Tale at Trial

A simple spell, but quite unbreakable. -Dr. Steven Strange, Marvel’s Avengers: Infinity War Requests for Admissions are my favorite (quasi-) discovery device. Like Dr. Strange’s spell protecting the time stone in Infinity War–they are easy to cast but– once admitted– they can prove quite unbreakable. Kovach v. Navient Solutions Civil Action No. […]

It Wasn’t Me! New York Court Denies Defendant’s Motion to Dismiss TCPA Action Finding That Plaintiff Sufficiently Alleged that Defendant is Vicariously Liable for Calls Initiated by Its Purported Agent

The Eastern District of New York in Banks v. Solar, No. 17-CV-613 (LDH) (JO), 2018 U.S. Dist. LEXIS 128182  (E.D.N.Y. July 31, 2018), recently denied Defendant’s motion to dismiss Plaintiff’s putative class action alleging violations of the TCPA and New York Business Law Section 399-p (“NYGBL”). In doing […]

Minnesota Court Grants Non-signatory Defendant’s Motion to Compel Arbitration of TCPA Claim Based on “Sufficient Nexus”

The United States District Court in Zean v. Comcast Broadband Security, LLC, et al., 2018 WL 3642614 (D. Minn. August 1, 2018), granted defendants Comcast Broadband Security, LLC’s (“Comcast”) and Southwest Credit Systems, L.P.’s (“Southwest”) motion to compel arbitration. Of particular interest for TCPAland is the fact that […]