On August 1st US District Court Judge Peter Sheridan dismissed with prejudice a putative class action brought against Work Out World under the TCPA. The case involved a plaintiff who filed her complaint after a single unanswered phone call to her cell phone.
Last week a Federal Judge in Georgia granted initial approval of a $30 million (TCPA class action settlement involving Wells Fargo. While the $30+ million settlement figure is staggering, with a class of over 6,400,000 members, the potential exposure for Wells Fargo was substantial.
Repeat Plaintiff Melody Stoops recently asked a judge to modify her order to remand her case to state court, where she could re-litigate her recent Telephone Consumer Protection Act (TCPA) case – a case that had just been dismissed by a Pennsylvania District Court. The case hinged on technicalities and the limits of legal definitions, but ultimately the court denied her request.
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 one year period during which she tried to stop the messages on 17 occasions. Defendant moved for summary judgment, contending the messages were not sent using an Automatic Telephone Dialing […]
On August 8, 2016 a Federal Judge in Illinois dismissed a Telephone Consumer Protection Act (TCPA) case by determining that the Plaintiff in the matter was not an individual or entity in the “zone of interests” intended to be protected by the TCPA. The Plaintiff in the case, Telephone Science Corporation (TSC) is the operator of a service called “Nomorobo.” On the website the company claims they have stopped over 125,504,140 robocalls. In 2013, the FTC declared Nomorobo a winner of its contest to “design a system to stop unsolicited telemarketing calls before the calls can ring through to the subscriber of the called telephone number.”
Mandatory arbitration provisions have been a hot topic for Consumer Financial Protection Bureau (CFPB) regulators, with the Bureau publishing proposed rules that would prohibit mandatory arbitration clauses. The topic has come up again in Beattie v. Credit One Bank, a new case from the U.S. District Court for the Northern District of New York (Case No. 5:15-cv-1315 (LEK/TWD).
Relying on the Supreme Court case of Spokeo v. Robbins, (136 S.Ct. 1540 (2016), on August 3rd U.S. District Court Judge Richard H. Kyle denied a request to dismiss a plaintiff’s Telephone Consumer Protection Act (TCPA) claim for lack of standing.
Relying on the Supreme Court case of Spokeo v. Robbins, (136 S.Ct. 1540 (2016), on August 5th United States District Court Judge Cathy Ann Bencivengo dismissed a plaintiff’s Telephone Consumer Protection Act (TCPA) claim for lack of standing.
In May, the United States Supreme Court issued its opinion in Spokeo v. Robins addressing the requirements for Federal Court jurisdiction under Article III of the US Constitution. This decision appeared likely to significantly impact TCPA litigation. So far, it has not played out this way.
Yesterday the FCC released its Final Rules to implement an amendment passed by Congress in the Bipartisan Budget Act of 2015. Published two weeks after the CFPB published its Outline of Proposed Rules governing debt collection, we now see the possibility that rules on calls to collect government debt could be more restrictive than calls to collect other types of debt.