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District Court (Fla.) Strikes Testimony of Plaintiffs’ Bar’s TCPA Expert Jeff Hansen

by Scott J. Hyman |

In Mohamed v. American Motor Company, LLC., 2017 WL 4310757, at *3–4 (S.D.Fla., 2017), Judge Torres struck the Plaintiff's Expert Jeff Hansen as being unreliable, even though he was qualified to testify. OLO next argues that Mr. Hansen's testimony should be excluded because it is unreliable, as Mr. Hansen did not test, review, or inspect the actual platform or system before… Read More

District Court (Pa.) Largely Denies Both Parties’ MSJs in TCPA Case

by Scott J. Hyman |

In Gillard v. Receivables Performance Mgmt., LLC, No. CIV.A. 14-02392, 2015 WL 3456751, at *6 (E.D. Pa. June 1, 2015), Judge Pappert largely denied both parties' claims for relief under the TCPA. RPM moves for summary judgment in its favor on the same issue. (Def.'s Mem. Supp. Mot. Summ. J. at 10, Doc. No. 45–1). It also moves for summary judgment… Read More

District Court (Cal.) Certifies TCPA Class Where Creditor Called Debtor’s References’ Telephones by Autodialer

by Scott J. Hyman |

In Stemple v. QC Holdings, Inc., 2014 U.S. Dist. LEXIS 125313 (S.D.Cal. 2014), Judge Bashant certified a TCPA Class comprised of "All persons whose 10-digit cellular telephone numbers with a California area code were listed by an account holder in the Employment and/or Contacts fields of a California customer loan application produced to [Defendant], which were called by [Defendant] using an [ATDS]… Read More

District Court (Fla.) Strikes TCPA Plaintiff’s Expert’s Testimony regarding ATDS

by Scott J. Hyman |

In Legg v. Voice Media Group, Inc., 2014 WL 1767097 (S.D.Fla. 2014), Judge Cohn struck a TCPA Plaintiff’s expert’s testimony regarding whether Defendant’s dialer was an ATDS under the TCPA. In the Supplemental Snyder Declaration and the Second Supplemental Snyder Declaration, Snyder opines that the systems VMG used to send its text messages satisfy the TCPA's definition of an automatic… Read More

District Court (Ala.) Finds TCPA Plaintiff’s Expert’s Opinion that Calls Were Not Manually Dialed Passes Muster under Daubert

by Scott J. Hyman |

In Hunt v. 21st Mortg. Corp., 2014 WL 1664288 (N.D.Ala. 2014), Judge Acker allowed Plaintiff’s TCPA expert Robert Biggerstaff to offer opinion testimony that the Defendant did not manually dial the calls to Plaintiff’s cellular telephone. Judge Acker’s decision was flavored by the fact that the Defendant installed a new dialer system within days after Plaintiff’s counsel’s wife filed the… Read More