On January 16, 2019, the Southern District of California dismissed a Telephone Consumer Protection Act (TCPA) claim against Lyft because the plaintiff failed to support the automatic telephone dialing system (ATDS) element of his claim. Like many similar TCPA plaintiffs, the plaintiff in Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal.) sought…
On December 13, 2018, the Federal Communications Commission (FCC) released a Second Report and Order addressing issues with reassigned phone numbers and potential Telephone Consumer Protection Act (TCPA) liability, and establishing a safe harbor for business callers. Currently, there is no comprehensive database which allows businesses to determine whether a phone number…
On December 13, 2018, the Northern District of California granted summary judgment to a Telephone Consumer Protection Act (TCPA) defendant in a case involving confirmatory text messages. In Phan v. Agoda Company, No. 5:16-cv-07243 (N.D. Cal. Dec. 13, 2018), the plaintiff alleged that text messages he received from the defendant…
On November 13, 2018, the District of Minnesota rejected the Ninth Circuit’s expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) automatic telephone dialing system (ATDS) provision in Marks v. Crunch San Diego, LLC. In Roark v. Credit One Bank, N.A., No. 16-cv-00173 (D. Minn. Nov. 13, 2018), the court…
On November 7, 2018, in the closely-followed case Marks v. Crunch San Diego, LLC, No. 14-56834 (9th Cir.), the Ninth Circuit granted a stay of its ruling on the Telephone Consumer Protection Act’s (TCPA) definition of an “automatic telephone dialing system” (ATDS) while appellee Crunch San Diego, LLC files a petition for writ of…
On October 18, 2018, the Northern District of Georgia declined to extend the Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court of Cal., S.F. Cty., 137 U.S. 1773 (2017) to dismiss or to strike the class allegations in a Telephone Consumer Protection Act (TCPA) case. In Dennis v….
On September 20, 2018, the Ninth Circuit issued an opinion finding that the Telephone Consumer Protection Act’s (TCPA’s) “automatic telephone dialing system” (ATDS) definition is vague and ambiguous, and interpreting the statutory definition anew. More specifically, in Marks v. Crunch San Diego, LLC, the court interpreted the TCPA’s ATDS definition…
On July 26, 2018, the Northern District of Illinois granted a Telephone Consumer Protection Act (TCPA) defendant judgment on the pleadings because plaintiff failed to allege a required element of his claim—the use of an automatic telephone dialing system (ATDS). Pinkus v. Sirius XM Radio, Inc., 2018 WL 3586186 (N.D. Ill….
On June 26, 2018, the Third Circuit affirmed summary judgment in favor of defendant Yahoo, Inc. in a putative Telephone Consumer Protection Act (TCPA) class action, Dominguez v. Yahoo, Inc., because plaintiff had failed to provide any relevant and admissible evidence that Yahoo’s systems met the TCPA’s automated telephone dialing…
On May 8, 2018, the Sixth Circuit affirmed dismissal of a Telephone Consumer Protection Act (TCPA) claim against Bristol-Myers Squibb and Pfizer. As the Sixth Circuit noted at the start of its opinion in Health One Medical Center, Eastpointe P.L.L.C. v. Mohawk, Inc. et al., “[s]ome questions seem to arise…
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the Federal Communications Commission’s (FCC’s) 2015 Telephone Consumer Protection Act (TCPA) interpretive order, but upholding other aspects of that order. 885 F.3d 687 (D.C….
On February 13, 2018, the U.S. District Court for the Northern District of Illinois decertified a Telephone Consumer Protection Act (TCPA) text-message class in light of new evidence of consent obtained during the class-member identification process. Johnson v. Yahoo! Inc., No. 1:14-cv-02028 (N.D. Ill. Feb. 13, 2018), is instructive for TCPA defendants…
On November 16, 2017, the Southern District of California dismissed TCPA claims on standing grounds, finding that the plaintiff had not alleged a concrete injury. In Selby v. Ocwen Loan Servicing, no. 3:17-cv-00973 (S.D. Cal), Judge Bencivengo concluded that the telephone calls the plaintiff allegedly received were not “telemarketing” calls…
On August 10, in Schweitzer v. Comenity Bank, No. 16-10498 (Aug. 10, 2017), a panel of the Eleventh Circuit expanded liability for companies under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (TCPA). Building on the holding in Osorio v. State Farm Bank, F.S.B., 746 F.3d 1242, 1255 (11th…
Last week, the District of New Jersey issued a noteworthy opinion in a putative TCPA class action against TD Bank and Target. In Martinez v. TD Bank USA, N.A. et al., 2017 WL 2829601 (D.N.J. June 30, 2017), the court held the defendants were entitled to summary judgment because the…
Earlier this month, the Northern District of Illinois struck the class allegations in Cholly v. Uptain Group, Inc., a single-count TCPA case filed against a medical services provider and a debt collector based on allegedly autodialed calls the plaintiff received. The defendants had sought to dismiss the complaint on several…
On Monday, January 30, 2017, the Court of Appeals for the Ninth Circuit held in Van Patten v. Vertical Fitness Group, LLC, No. 14-55980, that the plaintiff’s allegation that he received unsolicited text messages in violation of the Telephone Consumer Protection Act (TCPA) satisfied the “concrete injury” standing requirement as articulated…
Last week, the Central District of California granted summary judgment in a TCPA case involving a single prerecorded call from the plaintiff’s medical insurance company. In Smith v. Blue Shield of California, the plaintiff alleged that her medical insurance provider violated the TCPA by placing a prerecorded call to her…
On October 13, 2016, the United States District Court for the Southern District of Florida denied class certification in a Telephone Consumer Protection Act (“TCPA”) suit. In Newhart v. Quicken Loans Inc., Case No. 9:15-cv-81250, the plaintiff alleged that he received a number of calls on his cell phone from…
Joe Yenouskas, a partner in Goodwin Procter’s Consumer Financial Services Litigation Group, will speak on a June 2, 2016 webinar about consumer finance class actions. His presentation will examine recent developments and trends in class action claims alleging violations of federal consumer protection laws governing the financial services industry, including…