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9th Cir. Says Liability for D-N-C Calls Include Unanswered Calls

by Scott J. Hyman |

In Barton v. JMS Assoc. Mktg., LLC, No. 21-35836, 2023 U.S. App. LEXIS 3593, at *3-4 (9th Cir. Feb. 15, 2023), the Court of Appeals for the 9th Circuit remanded a matter to allow exposure for unanswered as well as answered calls. 47 U.S.C. § 227(c)(5) provides a private right of action to any person who receives more than one… Read More

9th Cir. Says Called Parties Have Standing under the TCPA Caller Who Obtained Telephone Numbers from Public Sources

by Scott J. Hyman |

In Chennette v. Porch.Com, Inc., No. 20-35962, 2022 U.S. App. LEXIS 28354, at *1-4 (9th Cir. Oct. 12, 2022), the panel reversed the district court's judgment dismissing a complaint, brought by 51 individuals who are home improvement contractors, alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227(b) and (c); and remanded.  GoSmith's and Porch.com's business model… Read More

11th Cir. Reverses Class Cert. in DIRECT TV; Says “Fairly Traceable” Analysis Has Some Bite Under Art. III

by Scott J. Hyman |

In Cordoba v. DIRECTV, LLC, No. 18-12077, 2019 U.S. App. LEXIS 34146 (11th Cir. Nov. 15, 2019), the Court of Appeals for the 11th Circuit renewed the bite of Lujan’s ‘fairly traceable’ component of Article III standing, remanding to the District Court for it to re-do it’s analysis certifying a TCPA class against DIRECT TV. DIRECTV's second argument -- that class… Read More

District Court (Ohio) Lets DNC-TCPA Case Past Pleadings Stage on the Basis that Business Phone Might Have Been Used for Dual Purpose

by Scott J. Hyman |

In Blevins v. Premium Merchant Funding One, LLC., 2018 WL 5303973, at *2–3 (S.D.Ohio, 2018), Judge Smith allowed a DNC-TCPA case past the pleadings stage. Further, on the matter of telephone numbers used for both business and residential purposes, the FCC has “decline[d] to exempt from the do-not-call rules those calls made to ‘home-based businesses’ rather, we will review such… Read More

District Court (Kan.) Says Husband Has Standing Under TCPA as Customary User of Wife’s Cell Phone, But Did Not Qualify Husband as “Residential Subscriber” Under TCPA’s DNC Rules

by Scott J. Hyman |

In Lee v. Loandepot.com, LLC, 2016 WL 4382786, at *5 (D.Kan., 2016), Judge Melgren held that the Husband, as a regular user of the wife's cell phone, had standing to sue under the TCPA. Moving on to the legal issue at hand, the 2015 FCC Order defines the term “called party” as the “subscriber, i.e., the consumer assigned the telephone… Read More

District Court (Mo.) Says No TCPA Violation for Customer who Gave Permission to Health Care Provider to Reach Her on Her Cell Phone

by Scott J. Hyman |

In Elkins v. Melco Health Solutions, Inc., here, Judge Adelman found no TCPA violations for calls to a consumer about her health care prescriptions and/or needs. The Court finds that Plaintiff’s TCPA claim is barred because she gave her express prior consent to be called at the number she provided when she gave that number at the time of enrollment as… Read More

District Court (Tex.) Finds D-N-C Registration Statute Inapplicable to TCPA Plaintiff Who Received Debt Collection Calls; Finds Truth-in-Caller-ID Law Allows Blocking of Caller-ID

by Scott J. Hyman |

In Genaw v. NCO Financial Systems, Inc., 2013 WL 1876792 (N.D.Tex. 2013), Judge Robinson found that a TCPA Plaintiff who received debt collection calls did not trigger the do-not-call registry or its requirement that a caller provide copies of its DNC procedures upon demand.  Judge Robinson also confirmed that the Truth-in-Caller-ID Act permitted a debt collection caller to block its… Read More