It Wasn’t Me! New York Court Denies Defendant’s Motion to Dismiss TCPA Action Finding That Plaintiff Sufficiently Alleged that Defendant is Vicariously Liable for Calls Initiated by Its Purported Agent

The Eastern District of New York in Banks v. Solar, No. 17-CV-613 (LDH) (JO), 2018 U.S. Dist. LEXIS 128182  (E.D.N.Y. July 31, 2018), recently denied Defendant’s motion to dismiss Plaintiff’s putative class action alleging violations of the TCPA and New York Business Law Section 399-p (“NYGBL”). In doing […]

Minnesota Court Grants Non-signatory Defendant’s Motion to Compel Arbitration of TCPA Claim Based on “Sufficient Nexus”

The United States District Court in Zean v. Comcast Broadband Security, LLC, et al., 2018 WL 3642614 (D. Minn. August 1, 2018), granted defendants Comcast Broadband Security, LLC’s (“Comcast”) and Southwest Credit Systems, L.P.’s (“Southwest”) motion to compel arbitration. Of particular interest for TCPAland is the fact that […]

True Blue!: Yet Another Court Finds FCC’s TCPA Orders Were Vacated by ACA Int’l and Calls to Lists of Numbers Not Robocalls Covered by the TCPA

In a new district court opinion out of the E.D. District of Michigan a court found yesterday that dialers calling from a list do not qualify as automated telephone dialing systems (“ATDS”) under the TCPA unless they generate numbers randomly or sequentially. See Gary v. TrueBlue, Inc., Case No. […]