Automatic Telephone Dialing System

08.15.2018 | Kristen Peters Watson Katherine West

Northern District of Alabama Holds Contractual Consent Cannot Be Revoked Under TCPA

The Northern District of Alabama recently followed the Second Circuit’s holding in Reyes v. Lincoln Automotive Financial Services, 861 F.3d 51 (2d Cir. 2017), and…

08.15.2018 | Joshua H. Threadcraft

Another Court Holds That Bargained-For Consent To Be Called Cannot Be Unilaterally Revoked In TCPA Case

Harris v. Navient Solutions, LLC, No. 3:15-cv-546, 2018 WL 3748155 (D. Conn. Aug. 7, 2018) Plaintiff signed promissory notes to secure student loans in which…

08.1.2018 | Joshua H. Threadcraft

Court Holds ACA International Invalidates 2003, 2008 and 2015 FCC Rulings Regarding ATDS Definition, And Plain Language of TCPA Does Not Support Claim

Pinkus v. Sirius XM Radio, Inc., No. 16 C 10858, 2018 WL 3586186 (N.D. Ill. July 26, 2018) Plaintiff filed suit, alleging Defendant violated the…

06.13.2018 | Joshua H. Threadcraft

Legislation Proposed in House and Senate Addressing the Definition of “Robocalls,” Revocation and Re-Assigned Numbers

Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone,…

05.22.2018 | Joshua H. Threadcraft

ACA International Heavily Influences District Court’s Holding Defendant Did Not Use ATDS

Herrick v. GoDaddy.com, LLC, No. CV 16-00254-PHX-DJH, 2018 WL 2229131 (D. Ariz. May 14, 2018) Background In 2015, Defendant contracted with a third-party web-based software…

05.17.2018 | Joshua H. Threadcraft Zachary D. Miller

FCC Seeks Comments on TCPA in Wake of ACA International Decision

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission…

12.9.2016 | Joshua H. Threadcraft

What is an ATDS? The New Battleground in TCPA Litigation Since the FCC’s Declaratory Ruling

The world of Telephone Consumer Protection Act (TCPA) litigation is constantly changing. With this evolution, new issues arise on almost a daily basis, challenging those…

09.7.2016 | Joshua H. Threadcraft

Florida Court Dismisses TCPA Claim Holding Technology Used To Make Calls Not Autodialer

Eduardo Pozo v. Stellar Recovery Collection Agency, Inc., No. 8:15-cv-929-T-AEP (M.D.Fla. Sept. 2, 2016) Defendant called Plaintiff believing it was contacting a third party to…

08.16.2016 | Joshua H. Threadcraft

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately…

11.3.2015 | Joshua H. Threadcraft

Yahoo! Maybe Not. Third Circuit Remands Case Granting Summary Judgment To Determine Whether ATDS Used in Light of FCC Declaratory Ruling

Dominquez v. Yahoo, Inc., No. 14-1751 (3rd Cir. Oct. 23, 2015) Plaintiff bought a cell phone that came with a reassigned number. The previous owner…