TCPA Boundaries Drawn: Marketing Text Messages to Known Telephone Numbers Permitted
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by William A. Wright and Bridgette C. Lehman
4d ago
In Marina Soliman v. Subway Franchisee Advertising Fund Trust, Ltd. (101 F.4th 176), the Second Circuit addressed critical questions regarding the definition of an “automatic telephone dialing system” (ATDS) and whether text messages fall under the TCPA’s prohibition against the use of an “artificial or prerecorded voice.” Marina Soliman brought a putative class action against ..read more
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Third Circuit Affirms Dismissal of List-Mode TCPA Claims
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by Michael P. Daly and Emanuel L. McMiller
1M ago
In an unpublished opinion, the United States Court of Appeals for the Third Circuit recently affirmed the dismissal of a “list-mode” theory of liability that had been advanced by prolific professional plaintiff Andrew Perrong. Perrong v. Montgomery Cnty. Democratic Comm., No. 23-2415, 2024 WL 1651274, 2024 U.S. App. LEXIS 9238 (3d Cir. Apr. 8, 2024 ..read more
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FTSA Litigation Trends: Federal and State Courts Diverge on Retroactivity
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by Emanuel L. McMiller, Michael P. Daly and Marsha J. Indych
3M ago
At a Glance HB 761 amended the FTSA, requiring a 15-day notice-and-cure period before a plaintiff can sue for damages from text message solicitations. HB 761 also stated that it should be applied retroactively to cases that were styled as class actions so long as a class had not been certified before HB 761’s effective ..read more
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Missouri Federal Court Dismisses Another TCPA Claim Due to Traceability Issues
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by Matthew J. Adler and Emanuel L. McMiller
4M ago
A federal judge in the United States District Court for the Eastern District of Missouri recently dismissed a claim alleging multiple violations of the TCPA’s do-not-call regulations upon finding that plaintiffs had failed to sufficiently plead the traceability element of standing. Thompson v. Vintage Stock, Inc., No. 4:23-cv-00042-SRC, 2024 WL 492052 (E.D. Mo. Feb. 8 ..read more
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Maryland District Court Opinion Explores Complexities of TCPA Consent and Revocation
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by William A. Wright and Katrina Meyer
4M ago
In the recent opinion of Smith v. ExamWorks, LLC, No. 21-2746, 2024 WL 622102 (D. Md. 2024), the District of Maryland analyzed the nuances of consent and revocation under the TCPA. At the heart of the dispute was whether Plaintiff Smith had expressly consented to receive automated calls, and, if so, whether he had effectively ..read more
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Middle District of Florida Analyzes Standing for Professional Plaintiffs
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by Matthew M. Morrissey and Anthony F. Jankoski
4M ago
The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the purpose of filing a TCPA lawsuit. Despite the adverse ruling on the facts presented, the court recognized that ..read more
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Eastern District of Missouri Finds Standing Issue with TCPA Cases When Plaintiffs do Not Request to be on Internal Do-Not-Call Lists
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by William A. Wright and Katrina Meyer
5M ago
The United States District Court for the Eastern District of Missouri recently issued an opinion with significant implications for plaintiffs’ standing to allege violations of the TCPA under Article III.  In the case of Thompson v. Genesco, Inc. (2024 WL 81187), the court addressed the critical question of whether the plaintiff had Article III standing ..read more
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District of Oregon Finds that Ninth Circuit’s Chennette Presumption Does Not Materially Impact Class Certification Criteria
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by William A. Wright, Katrina M. Meyer and Michael P. Daly
6M ago
The United States District Court for the District of Oregon recently issued a significant opinion regarding the legal framework for certifying Do-Not-Call claims. See Mattson v. New Penn Financial LLC, 2023 WL 8452659 (D. Or. 2023). The genesis of the case was the alleged receipt of unsolicited calls to a cellphone number listed on the ..read more
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Recent Rulings Highlight the Importance of Challenging Imprecise TCPA Class Definitions
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by Michael P. Daly, Anthony F. Jankoski and Andrew C. Scaralife
7M ago
Two recent rulings in Klassen v. Solid Quote LLC, No. 23-0318, 2023 WL 7544185 (D. Colo. Nov. 14, 2023), and Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL 7525900 (S.D. Ohio Nov. 14, 2023), emphasize the need to challenge overbroad and unascertainable class definitions in TCPA suits.  In both cases, the defendants’ motions to ..read more
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Ninth Circuit Clarifies Standards for Certifying a Class and Determining Treble Damages Under TCPA
Faegre Drinker Biddle & Reath LLP | TCPA Blog
by Anthony F. Jankoski
8M ago
Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health Chiropractic Inc. v. McKesson Corp., 13-cv-02219 (N.D. Cal. Apr. 27, 2022), which clarified the standards for certifying classes under the TCPA ..read more
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