Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S. June 17, 2019).
Fax cover pages were at issue. The defendant in the case allows customers to send online faxes. Those faxes include a cover page with one line of text that identifies the company (“Send and receive faxes with RingCentral”) and its website (“www.ringcentral.com”). The filer alleged that those cover sheets were advertisements, and therefore that the defendant had violated the TCPA because it did not have recipients’ consent to send them. Continue reading
The Southern District of Texas recently entered summary judgment in favor of a TCPA defendant, holding that the plaintiff had failed to present competent proof that she had orally revoked her consent to be called by a collection agency. Young v. Medicredit Inc., No. 17-3701, 2019 WL 1923457, at *4 (S.D. Tex. Apr. 26, 2019). Continue reading
The Eastern District of Pennsylvania recently denied a motion to dismiss a TCPA claim, finding that the plaintiff had standing, that the court had jurisdiction, and that the plaintiff had adequately alleged that an ATDS had been used to place the call at issue. See Shelton v. Nat’l Gas & Elec., LLC, No. 17-4063, 2019 WL 1506378 (E.D. Pa. Apr. 5, 2019). Continue reading
The Southern District of Indiana recently held that it had personal jurisdiction over a company that had sent text messages marketing its Ohio properties to students in Indiana. Weiss v. Grand Campus Living, Inc., No. 18-0434, 2019 WL 1206167 (S.D. Ind. Mar. 14, 2019).