TCPA

In Jones v. AD Astra Recovery Services, Inc. 2016 WL 3145072, at *6 (D.Kan., 2016), Magistrate Judge Birzer denied a stay of a TCPA case pending outcome of the DC Circuit proceedings. In Lee, and to maintain consistency in its rulings, here the Court finds, in conjunction with the existence of the full legal authority of the 2015 FCC Ruling,… Read More

In Oleos v. Bank of America, 2016 WL 3092194, at *2 (S.D.Cal., 2016), the District Court found that a TCPA Plaintiff pleaded enough. Courts facing a motion to dismiss on the grounds that the allegations of use of an ATDS are insufficient have taken two approaches. Maier, at *3. Under the first approach, courts allow a plaintiff to make minimal allegations… Read More

In Goad v. Censeo Health, LLC., 2016 WL 2944658, at *2-3 (E.D.Ark., 2016), Judge Holmes granted summary judgment to a TCPA defendant, finding that no autodialer was used due to the requirement of human intervention. “The term ‘automatic telephone dialing system’ means equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or… Read More

In Reyes v. Educational Credit Management Corporation, 2016 WL 2944294, at *3 (S.D.Cal., 2016), Judge Bashant granted summary judgment to a TCPA defendant on the basis that the Plaintiff gave express consent to be called on his cellular telephone.  As to one of the calls wherein the Plaintiff gave oral consent during that call, the Court found that the Plaintiff had… Read More

In Errington v. Time Warner Cable Inc., 2016 WL 2930696, at *3-4 (C.D.Cal., 2016), Judge Lew stayed a TCPA case pending the outcome of the ACA proceedings, but did not want to wait and see what the 9th Circuit did with Spokeo on remand.  Defendant placed calls to Plaintiff's number in an attempt to collect a debt that belonged to… Read More

In Beaulieu v. Wells Fargo, Judge Kelly granted a Motion for a Protective Order that broadly sought discovery of other complaints against the defendant in order to refute the Defendant’s anticipated arguments regarding the fact they have little, if any, business records supporting Plaintiff’s alleged oral revocations.  The Court found the deposition and document requests to be overbroad.   Read More

 In Fauley v. Royal Canin U.S.A., Inc., 2016 WL 2766286, at *1-2 (N.D.Ill., 2016), Judge Bucklo vacated Plaintiffs' "placeholder" class cert. motion, and denied the Defendant's motion to lift a stay in a TCPA case so that Defendant could tender to the Plaintiff. In a motion styled “to modify stay,” defendants profess their intent to “exercise the option left open by the… Read More

http://www.supremecourt.gov/opinions/15pdf/13-1339_f2q3.pdf Read More

Today the Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, -- S.Ct. --, No. 13-1339, 2016 WL 2842447, at *6 (U.S. May 16, 2016).  In a victory for defendant Spokeo, the Supreme Court reversed the Ninth Circuit Court of Appeals, on grounds that the lower court—in finding Robins had Article III standing to sue—had erroneously focused only… Read More

In Siding and Insulation Co. v. Alco Vending, Inc., 2016 WL 2620507, at *4-5 (C.A.6 (Ohio),2016), the Court of Appeals for the Sixth Circuit held that the FCC's 2006 amended definition of "sender" did not apply retroactively to faxes sent in 2005.  More importantly, however, the Court of Appeals found that common law agency principles did not govern the concept… Read More

In Chiba v. Bayview Loan Servicing, Inc., 2016 WL 2593979, at *3-4 (S.D.Cal., 2016), Judge Benitez granted summary judgment to a debt collector on the FDCPA Plaintiff's claim of improper debt validation. Plaintiff argues that she disputed the debt and requested validation from Bayview as early as November 14, 2012, yet she never received validation. She argues that because Bayview sent… Read More

In Weisberg v. Kensington Professional and Associates LLC, 2016 WL 1948785, at *3 (C.D.Cal., 2016), Judge Pregerson refused to stay a TCPA case pending the outcome of Spokeo because the Plaintiff alleged actual injury. The invasion of privacy and the allegation that the illegal calls cost Plaintiff and the class money — financial harm — are not speculative future injuries or… Read More

In Sandusky Wellness Center, LLC v. Medtox Scientific, Inc., 2016 WL 1743037, at *3-4 (8th Cir. 2016), the Court of Appeals for the Eighth Circuit held that a TCPA blast-fax class action could proceed as a class act, reversing the district court's denial of class certification on ascertainability grounds. Sandusky's class definition includes: “All persons who (1) on or after four… Read More

 In Brown v. Collections Bureau of America, Ltd., 2016 WL 1734013, at *1-2 (N.D.Cal., 2016), Judge Seaborg allowed a TCPA class action past the pleading stage based on, well, almost nothing.In this putative class action, named plaintiff Malik Brown complains that defendant Collections Bureau of America, Ltd. has violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”).… Read More

In Konopca v. Comcast Corp., 2016 WL 1645157, at *4 (D.N.J., 2016), Judge Arpert found that the defendant did not meet the requirements to convince the Court to stay the TCPA proceedings pending the outcome of the ACA omnibus proceedings. Third, the Court considers whether the stay would further the interest of judicial economy, and whether resolution of the appeal to… Read More

In Stavrinides v. Pacific Gas and Electric Company, 2016 WL 1598744, at *2 (N.D.Cal., 2016), Judge Alsup held: As an initial matter, plaintiff has not alleged that he was charged for the call, which he must allege to state a claim under the TCPA. Moreover, the complaint does not, in anything other than conclusory fashion, allege that PG&E used an… Read More

In Schwyhart v. AmSher Collection Services, Inc., 2016 WL 1620096 (N.D.Ala., 2016), Judge Ott refused to stay a TCPA case based on the pending ACA Omnibus proceedings. Having considered the parties' respective arguments for and against a stay, the court concludes that a stay is not warranted in this instance, for two primary reasons. First, AmSher's motion to stay is… Read More

There's something about all these chiropractors suing under the TCPA  Anyway, In South Orange Chiropractic Center, LLC v. Cayan, LLC d/b/a/ Capital Bankcard, 2016 WL 1441791, at *4-5 (D.Mass., 2016), Judge Saris The parties do not dispute that Defendant has offered to fully provide all requested relief for Plaintiff's individual claims under the TCPA. . . .Defendant has already fallen on… Read More

In Chen v. Allstate Ins. Co., 2016 WL 1425869, at *1-2 (9th Cir. 2016), the Court of Appeals for the Ninth Circuit said that it was not enough post-Campbell-Ewald to merely deposit sums with the Court in order to try to moot a TCPA class action. Florencio Pacleb filed a class action complaint against Allstate Insurance Company, alleging he received unsolicited… Read More

In McCaskill v. Navient Solutions, 2016 WL 1367228 (M.D. Fla. 2016), here, Judge Covington of the USDC for the Middle District of Florida granted partial summary judgment to a TCPA plaintiff whose cellular telephone received 727 telephone calls to her cellular telephone arising from collection on student loans taken out by her daughter.  Since the defendant bore the burden to prove, but could… Read More