Posts in TCPA.

Bank v. ICOT Holdings, LLC, 18-cv-02554 (AMD) (PK), 2024 WL 278460 (E.D.N.Y. Jan. 25, 2024)

Pro se Plaintiff, an attorney, filed a class action lawsuit alleging that two calls he answered at his mother’s house advertising hearing aids, violated the Telephone Consumer Protection Act, 47 U.S.C. § 227(b) because his mother’s phone number was on the National Do-Not-Call-Registry and nobody had given Defendant express written consent to call the number. Plaintiff filed a motion for summary judgment, placing at issue what constitutes a “called party.” The Court stated that to ...

Trim v Reward Zone USA LLC, No. 22-55517, 2023 WL 5025264 (9th Cir. August 8, 2023)

Plaintiff filed a putative class action, contending, in part, that three marketing text messages she received utilized prerecorded voices, therefore, the United States Supreme Court’s Decision in Facebook, Inc. v. Duguid, 141 S.Ct. 1163 (2021), regarding what constitutes an Automatic Telephone Dialing System, did not prohibit her from proceeding with her case. In advancing this argument, Plaintiff claimed that because the definition of “voice” in Meriam Webster’s dictionary is “an ...

Posted in: TCPA

Perrong v. Montgomery County Democratic Committee, et al., No. 22-cv-4475 (E.D. Pa. July 18, 2023)

Plaintiff sued Defendants, claiming that they violated the Telephone Consumer Protection Act’s prohibition of making certain calls using an automatic telephone dialing system (“ATDS”). The only disputed issue was “how the definition of an ATDS applies to a device that does not generate phone numbers from scratch but instead uses a stored list of numbers and ‘randomly’ or ‘sequentially’ dials all the numbers on that list.”

Concluding Defendant did not violate ...

Posted in: TCPA

Brennan Landy v. Vision Solar, LLC d/b/a Solar Exchange, No. 21-20241 2023 WL 4578993 (D.N.J. July 18, 2023)

In this case, Plaintiff filed a putative class action alleging Defendant violated the Telephone Consumer Protection Act, 47 U.S.C. § 227(c), by placing more than one unsolicited telemarketing call during a 12-month period without consent to consumers who registered their telephone numbers on the National Do Not Call Registry. The Original Complaint identified Defendant as “Vision Solar, LLC d/b/a Solar Exchange.” Defendant filed a motion to dismiss, arguing that no ...

Posted in: TCPA

In July, 2021, the Florida Telephone Solicitation Act, F.S.A. § 501.059 (“FTSA”), was amended to create a private right of action for those receiving marketing calls and text messages, giving rise to an onslaught of individual and class action litigation in state and federal courts across the country. On May 25, 2023, Florida Governor Ron DeSantis signed legislation amending the FTSA, significantly impacting future claims brought under the Act, as well as pending, uncertified putative class actions. In pertinent part, the amendment provides:

  1. Automated System: An ...

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