Behind the Faxes: Sixth Circuit Holds That Plaintiff in TCPA Junk Fax Class Action Adequately Pled That Informational Fax Violated TCPA Because it was a “Pretext” For Solicitation

Late last week, the Sixth Circuit held that a plaintiff in a junk fax class action alleged sufficient facts to establish that a fax – which was seemingly informational on its face – was nonetheless an “unsolicited advertisement” within the meaning of the TCPA.  So what kind of […]

Marks Being Limited?: Another Text Message TCPA Case Dismissed After Defendant Passes the Human Intervention Test

  As the Telephone Consumer Protection Act (“TCPA”) case law surrounding automated telephone dialing system,s (“ATDS”) continues to emerge, a noticeable distinction seems to be developing between cases analyzing “automated” phone calls and those analyzing text messages. In the context of phone calls recent decisions seem to be […]

Splitting Hairs?: Court Finds Bristol-Myers Squibb Does Not Apply to Rule 23 Class Actions and Denies Motion to Dismiss Claims of Non-Resident Class Members in Nationwide TCPA Class Action

A few weeks ago, Judge Leigh Martin May in the Northern District of Georgia denied a Defendant’s Rule 12(b)(2) motion to dismiss brought on the basis that, under Bristol-Myers Squibb, the court lacked subject matter jurisdiction over non-resident class member’s claims. Dennis v. IDT Corp., No. 1:18-CV-2302-LMM, 2018 WL […]