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
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
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
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
Third Circuit May Soon Consider Whether Offer of Judgment Moots Class Claims
UPDATE – July 17, 2014: Third Circuit Grants Appeal in Weitzner v. Sanofi The Third Circuit granted a petition for leave to appeal in this matter. See attached notice. Will the Third Circuit heed Justice Kagan’s dissent in Genesis and “rethink [its] mootness-by-unaccepted-offer theory” or… Read More
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