Cut Down to Size: Court Applies Bristol-Myers Squibb to Strike Class Definition Asserting Claims of Nonresident Class Members in TCPA Junk Fax Class Action

In Mussat v. IQVIA, Inc., 2018 WL 5311903 (N.D. Ill. Oct. 26, 2018) Judge Virginia M. Kendall of the Northern District of Illinois held that Bristol-Myers Squibb applies to Rule 23 class actions, and consequently struck the Plaintiff’s class definition to the extent it sought to assert junk […]

Move Along: FRCP 12(c) Challenge Relating to TCPA Protection for Text Messages to a Number on the Do-Not-Call Registry Used in Part for Business Purposes Found Premature

Good morning, TCPAland.  We thought we would help start your day with an interesting case out of the Southern District of Ohio concerning the National Do Not Call Registry (“DNCR”).  As a preliminary matter, if you have not yet read Nadia’s great article on the DNCR, it is […]

Complete Victory: Court Awards Hilton Grand Vacations (Most) of its Costs Following Hilton’s Successful Summary Judgment Motion in Putative TCPA Class Action

We previously reported that Hilton had scored a big win when the Court granted its motion for summary judgment on the grounds that the “human intervention” test from the FCC’s predictive dialer rulings survived ACA Int’l, and Intelligent Mobile Connect system was not an ATDS under this standard.  […]

Big TCPA Day Continues: Ninth Circuit Reverses Summary Judgment in Favor of Defendant Where Plaintiff’s Revocation Testimony Raised a Question of Fact

Probably the single most common factual scenario we see in TCPA cases is the he-says/records-say revocation suit. The Plaintiff swears that he or she revoked consent. The business–which keeps great records and has bulletproof policies and training–presents records demonstrating that is just not so. Recognizing that human memories […]