Out of the Frying Pan?: Eighth Circuit Agrees that TCPA Violation Did not Cause Article III Harm But Reverses Dismissal in Favor of Remand to State Court

A few weeks back Consumer Class Action “Titan” Jay Edelson joined us on the Ramble podcast and predicted that TCPA class actions arising in state court that are removed to federal court and later challenged on Article III grounds would be remanded to state court rather than dismissed […]

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. […]