Glass Half Full: Court Finds FCC’s Prior Rulings Still Intact, But That Defendant’s Clicker System Not an ATDS under the TCPA (And How This All Squares With Marks v. Crunch)

Glasser v. Hilton Grand Vacations Co., No. 8:16-cv-952-JDW-AAS, 2018 U.S. Dist. LEXIS 162867 (M.D. Fla. Sept. 24, 2018) makes the twenty fifth case on our Post-ACA Int’l ATDS Scorecard.  And this one falls into the same camp as Maddox v. CBE Group in holding that the “human intervention” […]

Split in New Jersey: Court Finds Predictive Dialers not covered by the TCPA– Contrary to Earlier Rulings by Different Judge In Same Court

Welcome to Splitsville. As courts continue to address the definition of automated telephone dialing system (“ATDS”) within the Telephone Consumer Protection Act (“TCPA”) it was only a matter of time before we started seeing intra-district splits.  Last Friday, in a ruling deeply overshadowed by the Marks ruling,  the Hon. Kevin […]

“It’s Like Religion–You Gotta Believe”: True Believer Sergei Lemberg Joins The Ramble to Explain How He Built the Greatest TCPA Empire the World Will Ever Know

The last week has seen TCPAland hyper-focused on the big Marks decision, but the first and last name in bulk TCPA filings will always be his– Sergei Lemberg. From 2014-2017 TCPA filings exploded and Sergei was a one-man TCPA army. Sergei filed thousands of cases at the height of the […]

OPINION- The TCPA is a Clunker that Doesn’t Stop Robocalls– the Courts Should Now Stand Down and Defer to the FCC’s Promising Solutions

  As the Courts seek to expand the reach of the Telephone Consumer Protection Act (“TCPA”), scam calls–which are not meaningfully thwarted by the TCPA–continue to expand at record pace. Indeed, a recent article in the Washington Post suggests that nearly half of all calls will be illegal […]

Illinois District Court Finds that Uber’s Arbitration Agreement is Enforceable in a Putative Class Action and Dismisses Class Claims

  In Johnson v. Uber Technologies, Inc., 2018 WL 4503938 (Sept. 20, 2018), the United States District Court in the Northern District of Illinois granted summary judgment in favor of Uber Technologies, Inc. (“Uber”), dismissing the class claims without prejudice and staying the case pending resolution of arbitration. […]