Posts from June 2020.

Elizabeth Panzarella v. Navient Solutions, LLC, No. 18-3735, 2020 WL 3250508 (E.D. Pa. June 16, 2020)

Two Plaintiffs filed suit relating to calls Defendant made when a relative’s loan became delinquent. Defendant moved for summary judgment on Plaintiffs’ Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) claims, arguing that the calls were not made using an Automatic Telephone Dialing System (“ATDS”). The TCPA prohibits, in part, calls to a person’s cell phone using an ATDS without their prior express consent. The TCPA defines an ATDS as “equipment that ...

Posted in: ATDS
Tags: ATDS, tcpa

Whittaker v All Reverse Mortgage Inc.. No. CV 20-08016-PCT-DLR, 2020 WL 28229785 (D. Ariz. May 29, 2020)

Plaintiff filed a putative class action, alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, (TCPA) by placing calls and sending text messages using an Automatic Telephone Dialing System (ATDS). Defendant moved to stay the case pending a ruling by the United States Supreme Court in the case of Barr v AAPC, 140 S.Ct. 812 (Jan. 10, 2020). Plaintiff opposed the Motion, arguing that the decision in AAPC was irrelevant to the merits of the instance case and that ...

Posted in: Arizona, Stay

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