As had been expected, Crunch San Diego has filed a petition with the Supreme Court, appealing a ruling it received in the Ninth Circuit Court of Appeals that ultimately created a vast definition for what constitutes an automated telephone dialing system. The Ninth Circuit’s ruling in Marks v. Crunch San …
Read More »Defendant Uses Call Blocking Data to Help Defend Against Class Certification in TCPA Case
Time Warner Cable has filed a brief opposing class-action certification in a case in which the company is accused of violating the Telephone Consumer Protection Act by making calls using an automated telephone dialing system to individuals’ cell phones without receiving their prior consent. A copy of the brief in …
Read More »Defendant Raises Constitutional Questions Over TCPA Applicability
A federal judge in Nevada is giving the Attorney General of the United States 60 days to decide whether it was to intervene in a case in which the constitutionality of the Telephone Consumer Protection Act is being called into question. An order from Judge Andrew Gordon was issued last …
Read More »Lawsuit Totals Keep Falling for FDCPA, TCPA, While FCRA Suits Keep Increasing: WebRecon
The number of lawsuits filed that allege violations of consumer protection statutes — the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act — all dropped in December, compared with a month earlier, and for the FDCPA and TCPA, it summed up how …
Read More »Court Denies Stay in TCPA Class Action, Defendant Can’t Wait For New FCC Rule
A federal judge in Arizona has denied a request from a defendant to stay a class-action lawsuit accusing it of violating the Telephone Consumer Protection Act until the Federal Communications Commission issues a new rule following the outcome of ACA International v. FCC. A copy of the ruling in Knapper …
Read More »Defendant Wins Summary Judgment in TCPA Case
A defendant accused of violating the Telephone Consumer Protection Act has been awarded summary judgment in a case that tackled the definition of an automatic telephone dialing system as well as the revocation of consent. A copy of the ruling in Thompson-Harbach v. USAA Federal Savings Bank can be accessed …
Read More »NJ Appeals Court Stops Enforcement of Judgment in TCPA Case
A state appeals court in New Jersey has reversed a lower court’s ruling that was allowing the sale of a property to go forward as part of a judgment that had been awarded in Arkansas. The judgment — $12.5 million — was awarded in a Telephone Consumer Protection Act lawsuit …
Read More »Appeals Court Upholds Ruling That Insurance Carrier Not Liable to Cover Marketer For TCPA Suit
The Court of Appeals for the Eighth Circuit has upheld a lower court’s ruling granting summary judgment in favor of an insurance company that did not cover a client that was accused of violating the Telephone Consumer Protection Act. A copy of the ruling in American Family Mutual Insurance Company …
Read More »Judge Grants Summary Judgment For Defense in TCPA ATDS Case
A student loan servicer has won summary judgment after it was accused of violating the Telephone Consumer Protection Act by using an automated telephone dialing system to contact the plaintiff. A copy of the ruling in Collins v. National Student Loan Program can be accessed by clicking here. During the …
Read More »Judge Denies Certification in TCPA Suit Because Plaintiff Could Not Be Identified As Potential Class Member
A federal judge in Florida has denied certification of a potential class-action lawsuit after a furniture store was accused of violating the Telephone Consumer Protection Act by making calls to an individual’s cell phone without consent because the process used by the plaintiff’s expert to determine the size of the …
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