Author: Artin Betpera

Artin Betpera

Artin approaches the practice of law with passion and positivity, along with enthusiasm for providing his clients with an exceptional level of service. He has over a decade of litigation experience, helping his clients obtain positive results with confidence and honed efficiency.

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D.C. Circuit Holds that FCC’s Interpretation of the Term “Capacity” is Invalid Because It Makes Nearly Every American a “TCPA-Violator-in-Waiting”

The D.C. Circuit has rejected the FCC’s “impermissibly expansive” interpretation of what constitutes an Automatic Telephone Dialing System (“ATDS”) under the TCPA. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Ruling”). Under Congress’s two-pronged definition of the term, an ATDS is equipment that: (1) “has the capacity”; (2) to function as an autodialer (i.e. “store or produce telephone numbers to be called, using a random or sequential number generator”). The ACA Ruling addresses the ATDS definition in two parts – first analyzing the meaning of the word “capacity” and then analyzing the functionalities required of an ATDS. This article will focus on the first of these two pieces of analysis – the meaning of the term “capacity.”

TCPA Class Certification Denial Exposes Major Spousal Scheme

There are plenty of things I’d like to do with my wife one day. Take a trip to Greece. Finally convince her to go camping with me (never going to happen). But filing a class action with her as class representative is definitely not one of them. That’s exactly what one husband and wife duo tried to pull in the Eastern District of New York. Senior Judge Frederic Block made quick work of the scheme.

Bottles of Ink: Court Observes that FCC’s Recent “Regulatory Crusade” Has Only Made the TCPA Murkier

It should come as no surprise to readers of this blog that the TCPA is the subject of regular criticism by judges across the country. See e.g. Dominguez v. Yahoo!, Inc., No. 13-1887, 2017 U.S. Dist. LEXIS 11346, at *20 (E.D. Pa. Jan. 27, 2017) (calling the FCC’s 2015 Omnibus “a ‘mongrel’ – with no offense to dogs.”). The ambiguities in the FCC’s rulings on the TCPA’s exceptions for healthcare-related calls are the most recent subject of judicial critique of the TCPA.

The Ninth Circuit Makes it Easier to Plead Text Message TCPA Cases

Courts need to examine whether there is enough pled to infer that texts were sent from equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator. The focus is on the capacity of the equipment used to place the text messages, and not whether they were sent “randomly.”