Please join us for a lively roundup of recent developments and hot topics hosted by Faegre Drinker’s TCPA team. Our attorneys will convene government and industry professionals to offer insight and perspective on a variety of issues, including the definition of an autodialer, trends in defending and settling TCPA cases, and the regulatory implications of the election and pandemic, among other much-buzzed-about subjects. In addition to members of Faegre Drinker’s TCPA team, our three panels will feature these guest speakers:
TCPA Blog contributor Justin Kay was quoted in the Law360 article titled, “High Court Punt Plunges TCPA Suits Into Greater Uncertainty,” which examines potential ramifications of the Supreme Court’s recent decision in PDR Network LLC et al. v. Carlton & Harris Chiropractic Inc.
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.”
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 “An Important Class Issue the High Court Left Unresolved”
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.
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 “Supreme Court Could Set Boundaries on Scope of FCC Guidance”
TCPA Blog contributor Justin Kay is quoted in a Law360 article entitled “High Court May Upend TCPA Litigation Landscape” addressing the Supreme Court’s decision to grant the defendant’s petition for certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc.—a TCPA fax case. Continue reading “High Court May Upend TCPA Litigation Landscape”
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!
On July 12, 2018, the Northern District of Ohio dismissed a complaint that failed to “allege any facts that [the defendant] uses a system that has the ability to store or produce telephone numbers to be called using a random or sequential number generator.” Lord v. Kisling, Nestico & Redick, LLC, No. 1:17-CV-01739, 2018 WL 3391941, at *3 (N.D. Ohio July 12, 2018). It is the latest court to follow the lead of the D.C. Circuit’s ruling in ACA Int’l v. FCC, 885 F.3d 687, 692 (D.C. Cir. 2018), that vacated the FCC’s interpretation of automatic telephone dialing systems (“ATDS”). Continue reading “Allegations of Equipment’s Potential Functionalities Not Sufficient to Survive Motion to Dismiss after ACA Int’l”