The prior express consent granted when a consumer voluntarily provides their phone number has its limits. The recent ruling denying summary judgment in Walintukan v. SBE Entm’t Grp. LLC 2018 U.S. Dist. LEXIS 88036 (N.D. Cal. May 24, 2018) is a good example of the parameters of this […]
The post-ACA Int’l rulings on ATDS functionality continue to pile up at a clip of about one new ruling every 1-2 weeks. The newest in the series is last week’s ruling out of the Northern District of Georgia – Maddox v. Cbe Group, No. 1:17-CV-1909-SCJ, 2018 U.S. Dist. […]
The FCC is up to something. As we’ve now thoroughly reported, the FCC is seeking public comment on the scope and architecture of the TCPA following the ACA Int’l ruling. Those who listen to our podcast know that the Comission is not seeking a separate comment on the U.S […]
As we reported here recently, the FCC is seeking public comment on a number of key issues impacting the scope of the Telephone Consumer Protection Act (“TCPA”). One issue of profound significance to be addressed by the FCC, is how, exactly a party may revoke prior express consent […]
Tav Gomez oversees a team of consumer-attorneys responsible for 8% of all TCPA filings in the country! He bravely sits down with me via the Womble Bond Dickinson FIREline to discuss his views on the impact of ACA Int’l on the TCPA landscape, as well as his firm’s new […]
Yesterday, in O’Shea v. American Solar Solution, Inc., the United States District Court for the Southern District of California handed Defendant American Solar Solution its place in the sun— denying a Plaintiff’s motion for summary judgment in a certified TCPA class action. O’Shea involves telemarketing calls to […]
The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now we’ve got the next movie in the saga, and […]
As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely re-shape the TCPA landscape respecting calls […]
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