Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings After ACA Int’l?

Call it a silver lining, but the Ninth Circuit might have just telegraphed a little something about what to expect in the big Marks v. Crunch appeal – in an otherwise not-so-great opinion reversing the denial of class certification in a putative junk-fax class action. Orienting ourselves quickly, Marks is […]

Good Lord!: Putative TCPA Class Action Dismissed at the Pleading Stage for Want of Allegations re: Random or Sequential Number Generation

In another huge TCPAland development, a district court in Ohio dismissed a TCPA case at the pleadings stage yesterday for want of allegations regarding the use of a random or sequential number generator. This first-of-its-kind ruling inches the TCPA ever closer to the limited impact Congress originally intended […]

Is FinTech the Next TCPA Frontier?: New High-Powered Class Action against Fiserv, Inc. May Be Harbinger of Things to Come

  A  new federal class action complaint against Fiserv, Inc. was filed yesterday in the Eastern District of Wisconsin alleging violations of the Telephone Consumer Protection Act (“TCPA”). Fiserv–a leading provider of technology solutions to the financial world–is alleged to have made calls to the class representative’s cell phone number […]

“Counsel, You Just Won the TCPA Case!”–Petitioners’ Lead Counsel Shay Dvoretzky Joins the WBD Ramble Podcast to Discuss the Big Win in ACA Int’l and its Impact on TCPAland

Jones Day Partner Shay Dvoretzky successfully argued the appeal in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018) on behalf of the Petitioners challenging the TCPA’s 2015 TCPA Omnibus ruling. Now he’s talking with the Ramble podcast team about the big win and his views on […]