Perfect Appellate Vehicle?: “Bad Reyes” TCPA Defendant Seeks Interlocutory Appeal Testing Eleventh Circuit’s Ascertainability/One-Way Intervention Standards

  BCA Financial Services, Inc. filed a well-supported petition to the Eleventh Circuit today, seeking an interlocutory appeal from the district court’s order certifying the case a against it in Reyes v. BCA Fin. Servs., No. 16-24077-CIV, 2018 U.S. Dist. LEXIS 106449 (S.D. Fla. June 26, 2018). If the […]

Stay It Ain’t So: Court Rejects Primary Jurisdiction Doctrine in TCPA Case Because of “Minimal Risk” of Inconsistent ATDS Rulings – Internet Breaks

Because the TCPA landscape is in complete disarray regarding the definition of an ATDS, we have been opining that the primary jurisdiction doctrine is a TCPA Defendant’s best friend. However, the Western District of Pennsylvania seems to disagree as it denied Defendant’s motion to stay a TCPA suit […]