On December 2nd, the National Association of Chain Drug Stores, Inc. (“NACDS”) submitted an amicus brief in support of member organization and petitioner Rite Aid in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order (the “Order”) in the United States Court of Appeals for the District of Columbia Circuit. See ACA Int’l, et al. v. FCC, No. 15-1211 (D.C. Cir.). We reported earlier that Rite Aid filed its opening brief focusing on the healthcare-related portions of the Order on November 25th, the same day the joint petitioners filed their opening brief. The NACDS notes that it also supports the joint petitioners’ arguments related to reassigned numbers, automatic telephone dialing systems, and revocation of consent but submitted a separate amicus brief to address the impact of the Order on critical patient healthcare notifications. Brief at 2 n.1.
Michael Daly
Articles by Michael Daly:
Joint Petitioners File Initial Brief in Consolidated Appeal of FCC’s TCPA Order
On November 25th, joint petitioners ACA International, Sirius XM, PACE, salesforce.com, ExactTarget, Consumer Bankers Association, U.S. Chamber of Commerce, Vibes Media, and Portfolio Recovery Associates (“Petitioners”), filed their opening brief in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order (the “Order”) in the United States Court of Appeals for the District of Columbia Circuit. See ACA Int’l, et al. v. FCC, No. 15-1211 (D.C. Cir. Nov. 25, 2015). Rite Aid filed a separate opening brief that we will address in a subsequent post
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Supreme Court Hears Oral Argument in Tyson Foods, Inc. v. Bouaphakeo
On Tuesday the Supreme Court heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, which concerns (among other things) whether courts can certify classes that are defined in a way that would include people who do not have Article III standing. For those who were unable to attend the argument, a transcription of the argument is available here.
Supreme Court Hears Oral Argument in Spokeo, Inc. v. Robins
Earlier this week the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, which concerns whether Congress can confer Article III standing on a plaintiff who alleges a violation of a statute (i.e., an injury in law) but no resulting harm (i.e., an injury in fact). For those who were unable to attend the argument, recordings and transcriptions of the argument are available here and here.
Why Everyone Is Upset About The Third Circuit’s Recent TCPA Decisions … And A Few Reasons Why They Shouldn’t Be: Part II
This is the second of two posts discussing the Third Circuit’s recent TCPA decisions. This one, Dominguez v. Yahoo, Inc., No. 14-1751 (3d Cir.), concerns the proper interpretation of the term “automatic telephone dialing system” (“ATDS”), which is front and center in the consolidated appeal from the FCC’s July 10th Declaratory Ruling and Order.
Why Everyone Is Upset About The Third Circuit’s Recent TCPA Decisions … And A Few Reasons Why They Shouldn’t Be
Defendants’ discussions of the Third Circuit’s recent decisions in Leyse v. Bank of America and Dominguez v. Yahoo have been all doom and gloom. Some of that disappointment is understandable, as the Third Circuit vacated notable defense rulings and expanded the scope of consumers who have statutory standing to file suit under the TCPA. On closer examination, however, both of the decisions offer not only a sword to plaintiffs but a shield to defendants. This is the first of two posts that will dissect those decisions and discuss their implications for the ever-growing number of defendants that are facing TCPA claims.
Supreme Court Hears Oral Argument In Campbell-Ewald Company v. Gomez
Last week the Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, a TCPA case that concerns (among other things) whether the claims of the named plaintiff in a putative class action will be mooted by an unaccepted offer of complete relief. For those who were unable to attend the spirited oral argument, audio and a transcript are available here.
Appeals From Declaratory Ruling Consolidated And Assigned To D.C. Circuit
As we previously noted, three petitions for review were filed in the immediate aftermath of the FCC’s Declaratory Ruling. On Friday, July 24, 2015, the Judicial Panel on Multidistrict Litigation issued a Consolidation Order that consolidated and randomly assigned those three appeals to the United States Court of Appeals for the D.C. Circuit.
FCC Issues Highly Anticipated Declaratory Ruling And Order on TCPA Issues
More than three weeks after its contentious June 18th open meeting, the FCC has finally issued its Declaratory Ruling and Order. Our TCPA team is reviewing its 138 pages (including separate statements from each Commissioner) and will report back shortly.
District Court Says TCPA Plaintiffs Are Not Required To Plead Their Phone Numbers; Allows Plaintiff’s Negligence Claim Premised On Existence of Statutory Duty Of Care Under The TCPA To Move Forward
The District of South Carolina recently rejected the argument that TCPA claims must be dismissed if a plaintiff does not specify the telephone number that was allegedly called. See Williams v. Bank of America, No. 14-4809-RBH (D.S.C. June 19, 2015).