Going Back to Cali: Class Claims Brought by California Resident in Florida Dismissed For Lack of Jurisdiction, While Claims by Other Plaintiff Survive ATDS Challenge

Yesterday, two Plaintiffs encountered a divergent result as to the fate of their TCPA class action claim at the pleading stage. In Pagano v. Quicken Loans, Case No. 3:18-cv-117-J-20JBT, 2018 U.S. Dist. LEXIS 120933 (M.D. Fl. July 19, 2018), two Plaintiffs – Pagano, a Florida resident, and Norris, […]

Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings After ACA Int’l?

Call it a silver lining, but the Ninth Circuit might have just telegraphed a little something about what to expect in the big Marks v. Crunch appeal – in an otherwise not-so-great opinion reversing the denial of class certification in a putative junk-fax class action. Orienting ourselves quickly, Marks is […]

Good Lord!: Putative TCPA Class Action Dismissed at the Pleading Stage for Want of Allegations re: Random or Sequential Number Generation

In another huge TCPAland development, a district court in Ohio dismissed a TCPA case at the pleadings stage yesterday for want of allegations regarding the use of a random or sequential number generator. This first-of-its-kind ruling inches the TCPA ever closer to the limited impact Congress originally intended […]