Text Messages With No Audible Components are Not “Prerecorded Voices” Under the TCPA
TCPA Defense Force Blog
by TCPA Defense Force
11M ago
Written by Meg Corry and Tomio Narita ..read more
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Consent Provided by Employee in Phone Call Bars Company TCPA Complaint Against Fax Sender – In Certain Circumstances
TCPA Defense Force Blog
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11M ago
In Boone’s Pharmacy, Inc. v. Ezrirx, LLC,1 the U.S. District Court for the Southern District Alabama dismissed the plaintiff’s TCPA complaint against a sender of fax advertisements, finding a phone conversation between the defendant and the plaintiff’s employee was sufficient to authorize and consent to the sending of future faxes by the defendant.  The plaintiff, Boone’s Pharmacy, is a small independent pharmacy; the defendant, EzriRx, is a pharmaceutical marketplace that connects wholesalers and pharmacies across the United States. In this case, the defendant had third parties call th ..read more
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11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto
TCPA Defense Force Blog
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11M ago
In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury.     In 2019, Susan Drazen filed a class action lawsuit against GoDaddy alleging that the web-hosting company used a prohibited automatic telephone dialing system (ATDS) to make promotional calls and send text messages to sell its services and products.  The complaint alleged that these calls and texts violated the TCPA.     After consolidating Drazen’s case with other c ..read more
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Milgram v. Chase Bank USA, N.A.: Eleventh Circuit Holds Furnisher’s Investigation Was Reasonable, Despite Evidence That Plaintiff’s Employee Had Been Convicted For Incurring The Disputed Charges
TCPA Defense Force Blog
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11M ago
Does a furnisher always have reach the “right” answer when it investigates a consumer’s credit reporting dispute?  Or does the furnisher just have to engage in a “reasonable” investigation of the dispute before responding?   In Milgram v. Chase Bank USA, N.A, _F.4th_, 2023 U.S. App. LEXIS 14299 (11th Cir. 2023), the Eleventh Circuit affirmed entry of summary judgment in favor of credit card issuer Chase Bank USA, N.A. on a claim under section 1681s-2(b) of the Fair Credit Reporting Act.  The Milgram Court held the Bank had conducted a reasonable investigation, even though it ha ..read more
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Even if They Don’t Answer, It is Still a Solicitation
TCPA Defense Force Blog
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11M ago
In the case of Taylor v LeadPoint, Inc., the Middle District of Florida denied defendant, LeadPoint’s, motion to dismiss finding that even unanswered calls could constitute “telephone solicitations” under the TCPA.  LeadPoint, Inc. is a software and information technology services company for the lead generation industry.   In this case, Ms. Taylor received five telephone calls on her cellphone from LeadPoint in one day.  After ignoring the first four calls, she answered the fifth call, and LeadPoint allegedly tried to sell her a reverse mortgage.  Ms. Taylor filed her co ..read more
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Hall v. Smosh Dot Com, Inc. – Ninth Circuit Holds Mother Has Article III Standing To Sue Under TCPA Based On Text Messages Received On A Phone Used By Her Son
TCPA Defense Force Blog
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11M ago
Does a mother have Article III standing to sue under the Telephone Consumer Protection Act based on advertising text messages received on a cell phone that was being used by her son?  A panel of the Ninth Circuit answered “yes” in Hall v. Smosh Dot Com, Inc., _F 4th _, 2023 U.S. App. LEXIS 16623 (9th Cir. 2023), finding the mother had suffered “injury in fact” because she was the owner and subscriber of the phone and the number had been placed on the National Do-Not-Call Registry.  The defendant in Hall sent five text messages to a cellular phone that plaintiff had placed on the Na ..read more
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WBD Welcomes Simmonds & Narita Litigation Team
TCPA Defense Force Blog
by TCPA Defense Force
1y ago
Some great news from our San Francisco office—Womble Bond Dickinson has combined with San Francisco-based boutique litigation firm Simmonds & Narita LLP. The five-lawyer team is comprised of partners Tomio Narita and Jeffrey Topor and counsels Leanne Yu, Nathan Searles, and Dominic Luca. The team has extensive experience defending individual and class actions filed in federal and state courts in California and jurisdictions across the country against companies operating in the consumer financial services industry under a wide range of consumer protection statutes.       &n ..read more
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TCPA Filings Rise
TCPA Defense Force Blog
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1y ago
The number of Telephone Consumer Protection Act (TCPA) filed lawsuits increased in the month of May. According to WebRecon’s May 2023 Statistics, the total number of TCPA cases filed increased 98.2% from April, an increased 79.2% compared to May of last year, and represents a year to date gain of 17.6%. Of the 939 consumer lawsuits filed in May, TCPA cases accounted for 224 of those filings.  For other consumer statutes such as the Consumer Financial Protection Bureau (CFPB), Fair Credit Reporting Act (FCRA), and Fair Debt Collection Practices Act (FDCPA), year to date filed lawsuits ar ..read more
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Does a Single Call to a Cellphone Meet the Concrete Injury Requirement? The Drazen Decision is Forthcoming
TCPA Defense Force Blog
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1y ago
The U.S. District Court for the Middle District of Florida recently stayed Simpson v. J.G. Wentworth Co.1 in light of the Eleventh Circuit's pending en banc decision in Drazen v. Pinto.2 Both cases involve similar Telephone Consumer Protection Act (“TCPA”) class action claims and present the question of whether a single phone call to a cell phone constitutes a concrete injury required for Article III standing.    The stay in Simpson serves as a reminder that the forthcoming Drazen decision will be an important one. In August 2019, Susan Drazen filed a complaint against GoDaddy ..read more
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Projected Amendments Curbing Florida Mini-TCPA
TCPA Defense Force Blog
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1y ago
Florida H.B. 761 which amends the Florida Telephone Solicitation Act (“FTSA” Fla. Stat. § 501.059) has passed both houses and is awaiting Governor Ron DeSantis’ signature. The proposed amendments significantly restrict the scope of the FTSA by narrowing the definition of an autodialer, allowing customers to give consent in various ways, including through an act, and creating a safe harbor period for businesses that abide by a customer's request to stop texting. If signed, H.B. 761 amends the FTSA in the following ways:  H.B. 761 revises the prohibition on telephonic sales calls that us ..read more
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