TCPA

In Abplanalp v. United Collection Bureau, Inc., 2016 WL 81498, at *3 (W.D.N.C., 2016), Magistrate Judge Keesler stayed a TCPA case pending the outcome of the ACA litigation in the DC Circuit. Based on Defendant's arguments and citations, and the lack of any rebuttal from Plaintiff, the undersigned finds good cause to recommend that this matter be stayed until the related… Read More

In Sandusky Wellness Center, LLC, v. ASD Specialty Healthcare, Inc., 2016 WL 75535, at *2-4 (N.D.Ohio 2016), Judge Zouhary denied class cert in a TCPA blast-fax case. Identifying fax recipients is typically accomplished by examining fax logs that confirm which faxes successfully transmitted and which failed. See e.g., Ira Holtzman, C.P.A. v. Turza, 728 F.3d 682, 684–85 (7th Cir. 2013)… Read More

In Lennartson v. Papa Murphy's Holdings, Inc., 2016 WL 51747, at *1-2 (W.D.Wash., 2016), Judge Leighton stayed a TCPA class action pending Spokeo even though the Court recognized that the Plaintiff suffered actual damages and thus had Article III standing. In 2011, Papa Murphy's started texting those who had signed-up on its website to receive promotional messages and those who had texted… Read More

In Ott v. Mortgage Investors Corporation of Ohio, Inc., 2016 WL 54678, at *1 (D.Or., 2016), Magistrate Judge Stewart approved a class action settlement on largely the following terms: Plaintiffs filed this class action on April 18, 2014, alleging violations by defendants of the Telephone Consumer Protection Act, 47 USC § 227 et seq (“TCPA”), by means of a nationwide telemarketing scheme… Read More

In Telephone Science Corporation v. Asset Recovery Solutions, LLC, 2016 WL 47916, at *4 (N.D.Ill., 2016), Judge St. Eve stayed a TCPA case pending the outcome of Spokeo.  Telephone Science operates a service called “Nomorobo”, designed to help consumers avoid incoming computerized telephone calls that the Federal Trade Commission refers to as “robocalls”—calls in which the caller uses a recorded or… Read More

In Shamblin v. Obama for America, 2015 WL 1909765 (M.D. Fla. 2015), Judge Covington denied class certification in this TCPA litigation.  First, Judge Covington found no commonality amongst the putative classmembers. Based on the current record, the Court determines that there can never be common answers to the questions of whether (1) the telephone number dialed was assigned to a… Read More

In Davis v Nationstar, 2016 WL 29071 (E.D. Pa. 2016), Judge Baylson stayed a TCPA case pending the outcome of Spokeo, Inc. and the ACA petition in the DC Circuit. Read More

In Johnson v. Yahoo!, Inc., 2016 WL 25711, at *1-2 (N.D.Ill. 2016), Judge Shah found that part of a TCPA class could be certified against Yahoo!.  The facts were as follows. Yahoo! Messenger also allows users to send personalized messages to people's cell phones through a feature called Mobile SMS Messenger Service, or PC2SMS. PC2SMS bridges the gap between the online and… Read More

In St. Louis Heart Center, Inc. v. Nomax, Inc., 2015 WL 9451046, at *2 (E.D.Mo., 2015), Judge White refused to strike a TCPA blast-fax class action definition as being overlord, but then limited the Plaintiff's discovery solely to the faxes sent -- not to all faxes possibly sent during the 4-year SofL period. Plaintiff served a subpoena on Windstream Communications, LLC (“Windstream”)… Read More

In Cholly v. Uptain Group, Inc., 2015 WL 9315557, at *3 (N.D.Ill., 2015), Judge Gettlemen found that the bankruptcy laws' automatic stay does not constitute revocation of consent under the TCPA. Despite the fact that Count I of plaintiff's complaint sufficiently states a claim for relief with respect to her non-consent allegations, in light of defendants' motions to strike, the… Read More

In Fontes v. Time Warner Cable, Inc., 2015 WL 9272790, at *2-4 (C.D.Cal. 2015), Judge Snyder renewed a previously entered stay in a TCPA class action, this time pending the outcome of the proceedings in the D.C. Circuit Court of Appeals challenging the propriety of the FCC's Omnibus Order.  Judge Snyder described the FCC's Order and the proceedings the D.C. Circuit as… Read More

In Luster v. Sterling Jewelers, 2015 WL 9255553, at *3 (N.D.Ga., 2015), Judge Duffey stayed a TCPA class action pending the outcome of Spokeo and Campbell-Ewald. Because it appears that the Supreme Court's decisions in Spokeo and Campbell-Ewald may be dispositive of this case, a stay of proceedings is warranted. In granting a stay under similar circumstances, the Middle District… Read More

In Ananthapadmanabhan v. BSI Financial Services, Inc., 2015 WL 8780579, at *4 (N.D.Ill. 2015), Judge Leinenweber held that a TCPA Plaintiff must plead more than formulaic recitation of the TCPA in order to prove the “use” of an ATDS. The Court agrees that Plaintiffs' Complaint is insufficient. Use of an ATDS and the pre-recorded nature of the messages are not… Read More

In Norman v. AllianceOne Receivables Management, Inc., 2015 WL 9286778, at *1 (7th Cir. 2015) (unpublished), the Court of Appeals for the Seventh Circuit affirmed summary judgment granted on the basis that calls were placed manually and, therefore, were exempt from the TCPA. The district court granted summary judgment after AllianceOne produced evidence showing that its calls to Norman were dialed… Read More

In Carr v. Credit One Bank, 2015 WL 9077314, at *3-4 (S.D.N.Y. 2015), Judge Kaplan grudgingly ordered a TCPA case to arbitration. Plaintiff's final argument is that the TCPA claim is outside the scope of the arbitration clause. The parties do not appear to have considered whether this is a question for the Court or for an arbitrator, although plaintiff argues… Read More

In Madrigal v. C-Two Group, Inc., et. al,  2015 WL 8477487, at *7-8 (N.D.Cal. 2015), Judge Gilliam certified a TCPA text message class action.  The facts were as follows: C & L is the owner of the Club, and it hired C-Two Group as its manager.  C-Two hired the vendor Metrowize, which is not a party to this action, to… Read More

In Key v. Integrity Surveillance Solutions, Inc., 2015 WL 8178055, at *3 (E.D.Mich. 2015), Judge Cohn issued pre-certification class discovery on a TCPA class action. Integ says that Plaintiffs intend to circumvent the Court's order limiting discovery with the main intent to determine class members from a reverse phone search in order to strength their case. Specifically, Integ relies on… Read More

Okay, so it's probably not the same guy.  In Randy Johnson v. Navient Solutions, Inc. 2015 WL 8784150, at *1-2 (S.D.Ind., 2015), Judge McKinney refused a Spokeo stay because the Plaintiff said that he had actual damages, even if he had no evidence to prove it. Johnson also claims that he is asserting a claim for actual damages/actual injury and that his failure to produce… Read More

In Wright v. Target Corporation, 2015 WL 8751582, at *7 (D.Minn., 2015), Judge Nelson denied summary judgment, saying there were triable issues of material fact as to whether the debtor orally revoked revocation of consent under the TCPA.  The District Court found that the Target credit card agreement did not preclude revocation of consent. Defendant also argues that Wright could… Read More

In Yaakov of Spring Valley v. Graduation Source, LLC, 2015 WL 8784250, at *3 (S.D.N.Y., 2015), Judge Roman refused to stay a TCPA case pending the outcome of SCOTUS jurisprudence because of a factual question whether the Defendant's Rule 68 offer was adequate. This Court agrees with the reasoning outlined in Kaye. In light of the difference between Defendants' offer of… Read More