Quick tip: While the focus these days in TCPAland is on the definition of ATDS–and quite properly so— it should not be forgotten that threadbare recitals of ATDS usage at the pleadings stage are categorically improper. Consumer lawyers are now commonly asserting such conclusory allegations regarding ATDS usage, […]
Well it has been a while since we’ve had anything to report regarding case law developing around “Good Reyes”–Reyes v. Lincoln Auto. Fin. Servs., 861 F.3d 51, 56 (2d Cir. 2017), as amended (Aug. 21, 2017). Indeed, with all the recent hullabaloo regarding seesaw ATDS decisions you have to […]
Its not easy running a newspaper these days. Half the country will think you’re fake news and the other half will wonder why you’re even printing stuff on paper anymore (even the picture of the newspapers above makes me think of something old and dusty). And then there’s […]
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 […]
Imagine that you’re trying to call a customer–or friend–and your number comes up noted as a “spam” or as a “risk” number on the customer or friend’s caller ID. Or, worse yet, imagine that your call does not go through at all and is simply blocked by the […]
It has been a great run of ATDS decisions for TCPA defendants over the past few weeks. First, the Third Circuit Court of Appeal stated that Yahoo’s IM platform was not an ATDS for purposes of the TCPA because it did not randomly or sequentially generate numbers […]
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 […]
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. […]
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