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 […]

Innocent Until Proven Guilty: TCPA Complaint Using Unproven Claims in Earlier Suit as Crowbar for “Information and Belief” Allegations Deemed Insufficient

Determining what allegations are sufficient to establish direct and vicarious liability in TCPA cases is almost as tricky as determining whether ATDS allegations are sufficient. Just last week I reported that platform providers can be found directly liable for violations of the TCPA undertaken by users of those platforms merely […]