09.30.19
The need for individualized inquiries defeated the plaintiffs’ motion for class certification in a “wrong number” case in New York federal court.
While the Telephone Consumer Protection Act (TCPA) continues as a hotbed of consumer litigation, there is still much uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) under the TCPA after the D.C. Circuit’s almost two-year-old landmark decision in ...
08.05.19
Over a year after the ACA International (ACA) decision from the D.C. Circuit that changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC’s) 2015 automatic telephone dialing system (ATDS) guidance, ...
07.17.19
Conservative activist Dr. James R. Leininger, through an entity he owned, helped finance a film called Last Ounce of Courage.
06.24.19
Adding more fuel to an already raging fire, the Ninth Circuit has weighed in on a case that has the potential to make its way to the U.S. Supreme Court and finally provide much-needed guidance on the controversial Marks case as well as the constitutionality of the Telephone Consumer Protection Act ...
Well over a year has passed since the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) ...
05.08.19
In striking down a portion of the Telephone Consumer Protection Act (TCPA) as unconstitutional, the Fourth Circuit opened the door for more litigation against debt collectors.
05.01.19
One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic telephone dialing system guidance, courts remain split on what ...
03.26.19
Finding that a fax promoting the commercial availability of the defendant’s referral and discount network could be an unsolicited advertisement, a federal court in the Western District of New York denied the defendant’s motion to dismiss in Lackawanna Chiropractic v. Tivity Health ...