In Stern v. DoCircle, Inc., 2014 WL 486262 (C.D.Cal. 2014), Judge Guilford certified a TCPA text message class. The facts were as follows: Defendant DoCircle is a business that offers an online service allowing its customers to send text messages. (Rhie Depo., Dkt. No. 42–2 Ex. 2, at 10–11.) Marc Sporn, a third party who conducts business under the name… Read More
In Olney v. Progressive Cas. Ins. Co., 2014 WL 294498 (S.D.Cal. 2014), Judge Curiel rejected a TCPA defendant's arguments against the Soppett "called party" analysis. Plaintiff, a resident of California, sues on behalf of himself and all others similarly situated. Defendant is an Ohio corporation that provides insurance policies with its principal place of business in Ohio. Plaintiff alleges that, beginning in July 2013,… Read More
In Onley v. Job.com, Inc., 2013 WL 5476813 (E.D.Cal. 2013), Judge O’Neill found TCPA standing notwithstanding the fact that the Plaintiff was not the subscriber of the cell phone. Plaintiff Peter Olney sued Defendant Job.Com, complaining that Job.com used an “automatic telephone dialing system” (“ATDS”) to call Plaintiff's cellular telephone in an effort to sell or solicit its services without… Read More
In Jamison v. First Credit Services, Inc., 2013 WL 3872171 (Bkrtcy.N.D.Ill. 2013), Judge Kendall denied a TCPA-class action plaintiff’s motion for reconsideration of the Court’s denial of class certification because the Plaintiff was a convicted felon. This case involved an alleged violation of the TCPA whereby FCS, on behalf of Honda, allegedly called Jamison's cellular telephone multiple times without Jamison's… Read More
In Nelson v. Santander Consumer USA, Inc., --- F.Supp.2d ----, 2013 WL 1141009 (W.D.Wis. 2013), Judge Snyder found that ‘preview dialing’ triggered the TCPA. The facts were as follows: Beginning in March or April 2010 defendant Santander Consumer USA, Inc., an automobile finance company, began making calls to 608–512–xxxx in an attempt to collect the debt from those loans. At… Read More
In Swope v. Credit Management, LP, 2013 WL 607830 (E.D.Mo. 2013), Judge Perry followed Soppett, holding that an unanticipated receiver of autodialed calls to a cellular telephone had standing to pursue a TCPA claim. The facts were as follows: According to the complaint, defendant obtained an account receivable by Charter Communications and began making phone calls to collect the debt.… Read More
In Jordan v. ER Solutions, Inc., --- F.Supp.2d ----, 2012 WL 5245384 (S.D.Fla. 2012), Judge Dimitrouleas found no TCPA liability under the TCPA for auto-dialed calls to a debtor who had consented to be called at that number when she applied for credit, even though the debtor did not own the number. Jordan got into debt by shopping at Seventh… Read More
In Agne v. Papa John's Intern., Inc., --- F.R.D. ----, 2012 WL 5473719 (W.D.Wash. 2012), Judge Coughenour certified a TCPA class action against PapaJohn’s pizza for advertising text messages send to thousands of consumers. Plaintiff alleges that Defendants violated state and federal law when they sent her and thousands of others unsolicited text messages advertising Papa John's pizza products. Papa… Read More
In Martin v. Leading Edge Recovery Solutions, LLC, 2012 WL 3292838 (N.D.Ill. 2012), Judge Lefkow found that a TCPA Plaintiff stated Article III standing under the ‘damages’ pleaded. Defendants argue that “injury in fact” should be equated with “actual damages,” and that plaintiffs' failure to allege actual damages indicates that they lack standing. Leading Edge asserts that plaintiffs must allege… Read More
In Torres v. National Enterprise Systems, Inc., 2012 WL 3245520 (N.D.Ill. 2012), Judge Der-Yeghiayan found a TCPA penalty-only lawsuit still conferred Article III ‘case-or-controversy’ jurisdiction over the case. NES argues that this court lacks subject matter jurisdiction over the TCPA claim based upon NES's contention that Torres lacks standing to bring a TCPA claim. Article III of the federal Constitution… Read More
We had hoped the issue would be addressed by the Supreme Court (as to RESPA) in Edwards v. First American Corp. 610 F.3d 514 (9th Cir. 2010), but SCOTUS dismissed cert. as improvidently granted. So, the district court in Smith v. Microsoft Corp. 2012 WL 2975712 (S.D.Cal. 2012) addressed the issue whether a TCPA Plaintiff who otherwise had suffered no… Read More
In Soppet v. Enhanced Recovery, Co. 2011 WL 3704681 (N.D. Ill. 2011), Judge Kennelly held a debt collector liable under the TCPA where the original owner of the cellular telephone consented to be called on their cell phone. When the cell number was transferred to another owner, however, the new owner began to receive calls, and sued under the TCPA. … Read More
In Anderson v. AFNI, Inc., 2011 WL 1808779 (E.D. Pa. 2011), the Court held in a landline case, rejecting Leyse, holding that § 227(b)(3) grants standing to any “person or entity,” and therefore any “called party” has standing under the statute, including wrong number calls. Read More
In D.G. ex rel. Tang v. William W. Siegel & Associates, Attorneys at Law, LLC, --- F.Supp.2d ----, 2011 WL 2356390 (N.D.Ill. 2011), Judge Kocoras rejected defendant’s claim that Plaintiff lacked TCPA standing. Plaintiff Tang was the regular user and carrier of a cellular phone with an assigned number of XXX–XXX–3757. From August 5, 2010, to December 14, 2010, Siegel… Read More
