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District Court (Va.) Says TCPA Plaintiff Can’t Transmogrify Residential Line into Cell Line; Says Bristol-Meyers Squibb Does Not Prevent Nationwide Class

by Scott J. Hyman |

In Morgan v. U.S. XPRESS, Inc., CHRISTOPHER MORGAN,  2018 WL 3580775, at *2–3 (W.D.Va., 2018), Judge Moon found that a TCPA Plaintiff had to distinguish between cell phone lines and land-lines. To start, Plaintiff's characterization of the cell phone as a “residential, cellular telephone line” is not determinative of this question. These are not factual allegations, but legal terms drawn… Read More

District Court (Az.) Says No Liability under TCPA for Auto-dialed Calls to Landlines

by Scott J. Hyman |

In Shupe v. Bank of America NA, 2015 WL 1120010 (D.Ariz. 2015), Judge Zipps affirmed a Magistrate’s recommendation that a plaintiff’s TCPA claim be dismissed because the calls were to land-lines and not cellular telephones. In addition to the foregoing argument, the Plaintiffs assert once again that the TCPA not only prohibits calls to residential lines using artificial or prerecorded… Read More

District Court (N.Y.) Says Residential Line Might Not Be A “Residential Line” Under the TCPA If It’s Held Out as a Business Line

by Scott J. Hyman |

In Bank v. Independence Energy Group LLC, 2014 WL 4954618 (E.D.N.Y. 2014), Judge  Gleeson held that a Plaintiff's holding out his residential telephone line as a "business line" might disqualify it from protection under the TCPA.  Defendants had placed a call to Bank's residential telephone line using an artificial or prerecorded voice that advertised electricity-related services provided by the Defendants. The TCPA,… Read More