In Tuttle v. Sallie Mae, Inc., 2014 WL 545379 (N.D.Ind. 2014), Judge DeGuilio ordered a TCPA claim to arbitration, finding that the TCPA claim was within the scope of the arbitration clause. The Court rejects Ms. Tuttle's argument that the TCPA claim is either collateral to the Note or arises independently from the Note. In support of this argument, Ms.… Read More
In Kolinek v. Walgreen Co., 2014 WL 518174 (N.D.Ill. 2014), Judge Kennelly granted a drug store's motion to dismiss a TCPA claim. The Plaintiff claimed that he received autodialed calls on his cellular telephone reminding him of his prescription, to which he did not consent. Judge Kennelly disagreed, and granted the pharmacy's motion to dismiss. “[P]rior express consent” under the TCPA is… Read More
In Jackson v. Cavalry Portfolio Services, LLC, WL 517490 (E.D.Mo. 2014), Judge Jackson granted summary judgment to a TCPA defendant who submitted an affidavit of its paralegal stating that the calls were manually dialed. The TCPA prohibits persons from (1) making “any call (other than a call made for emergency purposes or made with the prior express consent of the called party)”… Read More
In Dayhoff v. Wells Fargo Home Morg., Inc., 2014 WL 466151 (M.D.Fla. 2014), Judge Dalton dismissed a collection action without prejudice, finding that it was a permissive counter-claim to the federal TCPA claim. Here, the Court has federal question subject matter jurisdiction over Plaintiff's TCPA claim. Mims v. Arrow Fin. Servs., LLC, ––– U.S. ––––, ––––, 132 S.Ct. 740, 745, 181 L.Ed.2d… Read More
In Stern v. DoCircle, Inc., 2014 WL 486262 (C.D.Cal. 2014), Judge Guilford certified a TCPA text message class. The facts were as follows: Defendant DoCircle is a business that offers an online service allowing its customers to send text messages. (Rhie Depo., Dkt. No. 42–2 Ex. 2, at 10–11.) Marc Sporn, a third party who conducts business under the name… Read More
Yes, you read it right. In Gragg v. Orange Cab Co., Inc., --- F.Supp.2d ----, 2014 WL 494862 (W.D.Wash. 2014), Judge Lasnik held that a TCPA did not use an ATDS within the meaning of the TCPA. The facts were as follows: Defendant Orange Cab Company, Inc. (Orange Cab) utilizes TaxiMagic, a Ridecharge, Inc. product, as a means of remaining… Read More
In Hunt v. 21st Mortg. Corp., 2014 WL 426275 (N.D.Ala. 2014), Judge Acker struck Plaintiff's TCPA ATDS Expert Robert Biggerstaff as being incompetent on the subject of whether Defendant used an ATDS. However, Judge Acker found a factual questions nevertheless on whether a ATDS was used. In its Opinion and Order of September 17, 2013 (Doc. 31), this court joined the Ninth… Read More
In Webb v. Healthcare Revenue Recovery Group LLC, 2014 WL 325132 (N.D.Cal. 2014), Judge Seeborg ordered a TCPA class action defendant to produce an outbound call list, evidence of “express consent”, and its hardware and software manuals for its dialer. HRRG contends that in light of its concession that it called at least 100 cellular telephone numbers utilizing an artificial… Read More
In Baird v. Sabre Inc., 2014 WL 320205 (C.D.Cal. 2014), Judge Wilson distinguished Satterfield and held that the Plaintiff, who provided her cellular telephone number to book a flight on Hawaiian Airlines, consented to receive texte messages from Sabre, who contracts with Hawaiian Airlines to provide traveler notification services to passengers. The text message invited Baird to reply “yes” to… Read More
In Sherman v. Yahoo!, Inc., 2014 WL 369384 (S.D.Cal. 2014), Judge Curiel denied Yahoo’s Motion for Summary Judgment that sought to validate it’s “Yahoo! Messenger” system under the TCPA. Defendant describes Yahoo! Messenger as an instant messaging client and associated protocol provided by Yahoo! free of charge that can be downloaded and used by anyone registered as a user with… Read More
In Clark v. Avatar Technologies Phl, Inc., 2014 WL 309079 (S.D.Tex. 2014), Judge Atlas granted a Motion to Dismiss under the TCPA filed against a VoIP service provider. Plaintiff alleges that, in July 2013, Avatar made a call to his cellular telephone using an “artificial or prerecorded voice.” See id., ¶ 14. Plaintiff alleges that Avatar made the call using… Read More
In In re Monitronics Intern., Inc., Telephone Consumer Protection Act Litigation, 2014 WL 316476 (N.D.W.Va. 2014), Judge Kaull ordered discovery of other claims against a TCPA defendant in a TCPA telemarketing claim: Mey alleges that Versatile Marketing Solutions (“VMS”) acting on behalf of Monitronics and UTC, telephoned her multiple times between November 16, 2009, and December 20, 2011, despite the… Read More
In Smith v. Microsoft Corp., --- F.R.D. ----, 2014 WL 323683 (S.D.Cal. 2014), Judge Sammartino denied class certification in a TCPA text-message case arising from Microsoft’s sending unauthorized text messages promoting Microsoft's Xbox to cellular telephones in purported violation of the Telephone Consumer Protection Act. Judge Sammartino was neutral on whether the Plaintiff’s interest was paramount and, in doing so,… Read More
In Olney v. Progressive Cas. Ins. Co., 2014 WL 294498 (S.D.Cal. 2014), Judge Curiel rejected a TCPA defendant's arguments against the Soppett "called party" analysis. Plaintiff, a resident of California, sues on behalf of himself and all others similarly situated. Defendant is an Ohio corporation that provides insurance policies with its principal place of business in Ohio. Plaintiff alleges that, beginning in July 2013,… Read More
In Michaels v. Micamp Merchant Services, 2014 WL 235474 (M.D.Fla. 2014), Judge Dalton affirmed the Magistrate Judge's recommendation that a Florida resident with a Florida area-code cellular telephone number who received calls on that number while temporarily in Pennsylvania from an Arizona defendant could not bring the Action in a Florida District Court. Plaintiff initiated this action on December 16, 2013, alleging… Read More
In Wills v. Optimum Outcomes, Inc., 2014 WL 220707 (D.Utah 2014), Judge Warner found that a TCPA Plaintiff failed to state a claim against a medical debt collector because the Plaintiff had given his cellular telephone number in a letter to the Creditor. At some point in the past, Plaintiffs received services from InterMountain Healthcare, which in turn hired Defendant to collect… Read More
In Couser v. Pre-paid Legal Services, Inc., 2014 WL 197717 (S.D.Cal. 2014), Judge Burns found that a TCPA Class Action Plaintiff might state a claim against an alleged agent hired by the Defendant to promote its business, but suggested that the case might be proper for a stay under the Primary Jurisdiction doctrine. This is a Telephone Communications Protection Act… Read More
In In re: Portfolio Recovery Associates, LLC, Telephone Consumer Protection Act Litigation, here, Judge Houston held that the Plaintiff had adequately pleaded vicarious liability under the TCPA, and refused, at the pleadings stage, to strike Plaintiff’s prayer to recovery attorneys’ fees under the TCPA to the extent permitted by Code of Civil Procedure § 1021.5. In opposition, plaintiffs contend their… Read More
In Bates v. Dollar Loan Center, LLC, 2014 WL 60472 (D.Nev. 2014), Judge Dawson denied a TCPA defendant’s Motion for Summary Judgment on the issue of whether an ATDS was used. The facts were as follows: This is a class action complaint. Defendants are “all involved in the business of high-interest, short-term loans (i.e. ‘payday loans').” (# 1; 2:24–25). Fur-ther,… Read More
In Mendoza v. Ad Astra Recovery Services Inc., 2014 WL 47777 (C.D.Cal. 2014), Judge Snyder ordered a TCPA class action to arbitration. The facts were as follows: On September 9, 2013, plaintiff Miguel Mendoza filed this putative class action against defendant Ad Astra Recovery Services, Inc. (“Ad Astra”) on behalf of himself and all others similarly situated. Plaintiff asserts claims… Read More
