Fourth Circuit Affirms $61M Classwide Do-Not-Call Verdict

TCPA Blog senior editor Michael Daly was quoted in a Law360 article regarding the Fourth Circuit’s ruling in Krakauer v. Dish Network, which affirmed the certification of Do-Not-Call claims and the award of $61 million in statutory damages.

Mike and others predicted that plaintiffs will try to invoke the Fourth Circuit’s decision in other kinds of TCPA cases. Mike explained that “[p]laintiffs will no doubt take out of context the Fourth Circuit’s statement that ‘TCPA claims’ are ‘conducive’ to class treatment.”  “But that would be painting with too broad a brush,” he explained, because “other species of TCPA claims . . . necessarily turn on inherently individualized questions of consent and revocation of consent, among other things.”

The Fourth Circuit’s decision also serves as an important reminder that plaintiffs may try to hold businesses liable for calls that their vendors make. Mike explained that “the Krakauer decision is—as if anyone still needed one—a wake-up call.” He cautioned that business must be “hypervigilant about what they and their vendors are doing. They should not simply rely on contractual provisions disclaiming agency and requiring compliance and indemnification.”

Read “4th Circuit Ruling Eases Class Certification Path in Telemarketing Rows.”

An Important Class Issue the High Court Left Unresolved

TCPA Blog contributors Mike Daly, Matt Fedor and Andy Van Houter authored “An Important Class Issue the High Court Left Unresolved” for Law360.

In its ruling in Campbell-Ewald Co. v. Gomez, the Supreme Court found that an unaccepted offer of judgment made under Federal Rule 68 does not moot a plaintiff’s claim. But the Court expressly left open the possibility that actually tendering funds to an individual plaintiff could moot the claims. Two circuit courts, however, have recently found that a tender cannot moot the claims, with rulings in Fulton Dental LLC. v. Bisco Inc. and Radha Geismann, M.D. PC v. ZocDoc Inc. Continue reading   »

The Telephone Consumer Protection Act: Calling for a Re-Do

TCPA Blog contributors Laura Phillips, Justin Kay, and Marsha Indych will discuss the Telephone Consumer Protection Act at the Coalition of Higher Education Assistance Organizations (COHEAO) Annual Conference on January 28, 2019, in Washington, D.C.

With the D.C. Circuit’s decisions in ACA International and Bais Yaakov and the FCC’s December 2018 order kicking off the creation a national reassigned phone numbers database, businesses are understandably happy with the recent direction in TCPA litigation and regulations and optimistic that the FCC will soon issue an order addressing other issues presented in the ACA International decision, once the partial government shutdown ends. Nevertheless, litigation continues, and as discussed at our November conference (The TCPA in 2018: There and Back Again), significant challenges remain: the 9th Circuit’s decision in Marks, the potential for the Supreme Court to upend the regulatory landscape via PDR Network, and the political difficulties of amending the TCPA.  Laura, Justin, and Marsha will discuss these topics and more.

For more information about the conference, please visit the COHEAO website.

Supreme Court Could Set Boundaries on Scope of FCC Guidance

The Supreme Court granted certiorari in PDR Network LLC v. Carlton & Harris Chiropractic Inc., to determine whether the Hobbs Act required the district court in this case to accept the FCC’s legal interpretation of the TCPA. Matt noted that the ruling is expected to have a “profound impact” on TCPA litigation going forward “because it will determine whether or not courts can give an independent interpretation of the statute” or if they have to defer to the FCC’s interpretation. Continue reading   »

The TCPA in 2018: There and Back Again

As a follow-up to our initial reminder to mark your calendars for our half-day conference on November 14, 2018, in Washington, D.C., we are pleased to share the agenda.

Distinguished panelists hailing from government, retail, finance, health, and technology will join Drinker Biddle attorneys for an afternoon of discussion about the past, present and future of the TCPA and related litigation and enforcement.

We hope to see you there!

Review the full agenda here.
Register for the program!

To Plaintiffs’ Dismay, SCOTUS Likely Won’t Review ‘Case-Killer’ TCPA Decision

Prior to the Supreme Court’s denial of petition for certiorari filed by the class action plaintiffs in  Bais Yaakov of Spring Valley v. FCC (an appeal we have been monitoring since the briefing in the D.C. Circuit up through the recent cert petition briefing), TCPA Blog contributor Justin Kay spoke with Legal NewsLine about the petition and the Supreme Court’s likely response. Continue reading   »