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Peter Breslauer is a partner in the Litigation Department of Montgomery McCracken. His practice is focused on complex commercial litigation, including the defense of class-action, antitrust, products liability and intellectual property cases. Peter has extensive experience in the defense of nationwide class action litigation.
Jul 17

Third Circuit Rules Single Unauthorized Call Actionable Under TCPA

In a precedential decision filed on July 10, 2017, the Third Circuit addressed consumer standing, after Spokeo, to bring a claim under the Telephone Consumer Protection Act. Reversing an order dismissing a TCPA claim for lack of subject-matter jurisdiction, the court ruled the claim could… Read More

Nov 02

Third Circuit Remands TCPA Class Action to take Account of July 2015 FCC Ruling on What Qualifies as an ATDS

The debate continues over what constitutes an “automatic telephone dialing system,” or ATDS, under the Telephone Consumer Protection Act (TCPA), as the Third Circuit vacates, for consideration under recent FCC guidance, an order granting summary judgment in favor of Yahoo in a case where the… Read More

Feb 11

Will the Seventh Circuit Weigh in on Ascertainability in TCPA Cases?

This guest post was authored by our colleague Jennifer E. Canfield, an associate in Montgomery McCracken’s Litigation Department and a member of its Class Action Defense practice group. Her practice focuses on defense of consumer class actions, commercial litigation and appellate litigation. She can be… Read More

Feb 03

Text to Vote: A Cautionary Tale for SMS Marketing Under the TCPA

Promotional text messaging, especially in the sports industry, is growing in popularity. More and more sports teams and advertisers are reaching sports fans through their mobile devices. As most companies know by now, the FCC rules implementing the Telephone Consumer Protection Act apply to promotional… Read More

Jun 13

Federal Court Saves Millions of Smart Phone Users from TCPA Liability

For the first time, a federal court has clarified that the Telephone Consumer Protection Act (“TCPA”) bars the improper use of an automatic telephone dialing system or ATDS. Sterk v. Path, Inc., 2014 WL 2443785 (N.D. Ill. May 30, 2014). It is not enough just… Read More

Apr 02

Federal Courts Tighten Definition of Automatic Telephone Dialing System

Like the Fair and Accurate Credit Transaction Act before it, the Telephone Consumer Protection Act (“TCPA”) has become the latest federal statute on which entrepreneurial plaintiffs’ lawyers have staked their fortunes. The number of lawsuits under the TCPA is skyrocketing. According to the United States… Read More