Posts from December 2012.

Goodrich Management Corp. v. AFGO Mechanical Services, Inc., Civ. Nos. 09-43 (WJM), 11-2769 (WJM) (D.N.J. Dec. 14, 2012) Pending before the court were motions to deny class certification in two separate cases. Defendants argued that: (1) Federal courts must enforce state law restrictions on bringing TCPA claims; (2) Under New Jersey law, private TCPA class actions are prohibited; and (3) Because New Jersey law applies to Plaintiffs' class claims, denial of class certification was appropriate as a matter of law. Plaintiffs opposed the motions, arguing that Federal Rule of Civil ...

Edwards v. National Credit Adjusters, LLC, Nos.59081, 59406, 2012 WL 5851288 (Nev. Nov. 16, 2012) The issue before the court was whether Plaintiff's prior express consent to call his land line equated consent to call that number when ported to his cell phone. Noting that Plaintiff never advised the creditor of the transfer, the Nevada Supreme Court affirmed summary judgment in Defendant's favor stating "Appellant admits that he gave consent to be contacted at the telephone number at issue, and “'[a]although the TCPA generally prohibits autodialed calls to wireless phones, it also ...

In re Capital One Telephone Consumer Protection Act Litigation, No. MDL 2416 (N.D. Ill. Dec. 10, 2012) Over opposition from all responding Plaintiffs, the Judicial Panel on Multidistrict Litigation (JPML) ordered centralization in the Northern District of Illinois of more than 30 actions asserting TCPA claims against Defendant, including adversary proceedings. The JPML's conclusion was based on the fact that the subject actions shared factual issues regarding Defendant's policies and procedures for calling, or directing its agents to call, consumers, as well as Defendant's ...

In re Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; SoundBite Communications, Inc. Petition for Expedited Declaratory Ruling, CG Docket No. 02-278 (Nov. 29, 2012) Pending before the Federal Communications Commission was a Petition to determine whether sending a single text using an Automatic Telephone Dialing System (ATDS) confirming receipt of a request that no further text messages be sent violated the TCPA. The FCC concluded that a text message falls within a recipient's prior express consent to receive text messages and does not ...

Posted in: FCC, Text Messages

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