A little TCPA “HELP”: Court Holds Responding to HELP Message Does not Create TCPA Liability– But Suggests Use of a Short Code Alone Supports ATDS Allegation

  Another day another patchwork ATDS decision here in TCPAland. But this latest case has an interesting wrinkle– can a text message responding to a “help” request from a consumer be sent even if the original text prompting the “help” response was sent without consent? In Zemel v. CSC […]

We’re Going to Vegas!: TCPA Class Action Transferred to Nevada Because Use of California-Based Text Platform Wasn’t Enough to Establish Personal Jurisdiction Over Caesars in California

The “Ivy” AI text message platform is in the cross-hairs again in a class action filed against Caesars Entertainment Corporation in Castillo v. Caesars Entm’t Corp., No. 18-cv-05781-EMC, 2018 U.S. Dist. LEXIS 201721 (N.D. Cal. Nov. 28, 2018).  But unlike the class action involving the same platform against […]

TCPA Taking its Toll: Third Circuit Court of Appeal Rejects Tolling of TCPA Claims in favor of Plaintiff that Served as Class Representative in Earlier Suit

The TCPA legal doctrine atom smasher continues to, well, smash atoms. Earlier today we learned a bit about Article III standing of class representatives from a TCPA case, and now the wide world gets to learn about the proper application of the American Pipe tolling doctrine brought to you–once again–through […]

Fair Doctrine?: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be Afforded a “Fair Opportunity” to Seek Certification

Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has weighed in on the issue and rejected the idea […]