Eastern District of Missouri Certifies Class Under Rule 23(b)(3), Rejecting Defense’s Spokeo Arguments

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An Eastern District of Missouri court recently issued an opinion in Golan v. Veritas Entertainment, LLC granting class certification that adds it to the list of district courts holding that calls violating the TCPA establish concrete injuries under Spokeo. 2007 WL 193560 (E.D. Mo. Jan. 18, 2017). Continue reading

District Courts Stay TCPA Cases in Light of Spokeo, Gomez, and D.C. Circuit Appeal

A number of federal district courts have recently stayed TCPA cases pending the outcome of Supreme Court proceedings in Robins v. Spokeo, Inc. and Campbell-Ewald Co. v. Gomez, and the outcome of petitions seeking review of the FCC’s July 10, 2015 Declaratory Ruling and Order (“FCC Order”) that are currently pending before the United States Court of Appeals for the District of Columbia Circuit. See ACA Int’l, et al. v. F.C.C., No. 15-1211 (D.C. Cir. 2015).

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Missouri Attorney General Files Telemarketing Actions Against Charter Communications, Inc. and Farmers Insurance; Resolves Action Against Farmers with Simultaneously-filed Consent Judgment

The Missouri Attorney General’s Office recently filed a complaint in the Eastern District of Missouri against Charter Communications, Inc. (“Charter”), a cable, internet, and telephone company. The complaint alleges violations of the TCPA, the Telemarketing Sales Rule, the Missouri No-Call Law, and the Missouri Telemarketing Practices Law, and seeks what amounts to multi-millions of dollars in civil penalties. See State of Missouri ex rel. v. Charter Commc’ns, Inc., No. 15-01593 (E.D. Mo. filed Oct. 19, 2015).

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District Court Dismisses TCPA Claims Based on Good Faith Defense

The U.S. District Court for the Eastern District of North Carolina recently adopted a magistrate judge’s recommendation that summary judgment be entered in favor of a defendant because it had a good faith belief that it had consent to call the plaintiff’s number.

In Danehy v. Time Warner Cable Enterprises, Case No. 14-cv-133 (E.D.N.C.), a pro se plaintiff (“Plaintiff”) alleged that Time Warner violated the TCPA by using an automated telephone dialing system (“ATDS”) to call his cellular phone that was registered on the national do-not-call registry. The phone number at issue had previously belonged to a Time Warner customer who had provided the phone number as a secondary contact for Time Warner to use when he could not be reached at his primary phone number. Time Warner had made calls to, and received calls from, the customer using the number numerous times in the past. The number was eventually assigned to Plaintiff in August or September 2013.

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California District Court Compels Arbitration of TCPA Claim

The Eastern District of California recently compelled arbitration of a TCPA claim based on the broad language of the plaintiff’s arbitration agreement. See Delgado v. Progress Financial Company, No. 14-0033, 2014 WL 1756282 (E.D. Cal. May 1, 2014). In reaching its decision, the Delgado court distinguished the agreement from those at issue in two other district court decisions that held that TCPA claims fell outside the scope of arbitration agreements.

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Another Court Holds That Definition of Automatic Telephone Dialing System Focuses on Present Rather Than Potential “Capacity”

As we have previously discussed, two recent decisions narrowly interpreted the term automatic telephone dialing system (“ATDS”), the definition of which will determine the fate of many TCPA claims.  See Hunt v. 21st Mortgage Corp., 2013 WL 5230061 (N.D. Ala. Sept. 17, 2013) and Stockwell v. Credit Management, L.P., No. 30-2012-00596110-CU-NP-CXC (Cal. Super. Ct. Oct. 3, 2013). (Our prior posts on those cases are available here and here). A district court in Washington recently followed this trend.

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Court Denies Certification of TCPA Class Action Because Class Members Were Not Ascertainable

A federal district court in Maryland refused to certify a class in a TCPA fax-blast case because members of the class sought to be certified were not presently ascertainable using objective criteria after recipient information was destroyed by third-party vendors in the regular course of business. See Brey Corp. (t/a Hobby Works) v. LQ Management LLC, No. 11-cv-00718 (D. Md. Jan. 29, 2014).

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