Author: Divya Gupta

Divya Gupta

Divya Gupta is a commercial litigator Partner with one of the nation’s most knowledgeable Telephone Consumer Protection Act (TCPA) defense-teams. She is experienced in handling complex cases in state and federal courts, both in-house and as outside counsel. Divya is particularly skilled in defending banks, finance companies, and other lenders in both individual and class action TCPA cases. Divya also has experience advising major financial institutions on TCPA compliance matter and regarding the applicability of the TCPA to new and emerging products and services. Likewise, she is further adept in handling matters involving the Fair Credit Reporting Act (FCRA).

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TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter. (If you’d like to join this list, please drop us a line.) November has delivered some blockbuster news, however, and we decided to highlight some of the notable developments in this mid-month TCPA Roundup. SCOTUS...

Fall is for Falling Leaves, Thanksgiving, and TCPA Omnibus II?

As this year speeds to a close, we are on pins and needles to see if the FCC will issue a ruling this Fall in the great ACA Int’l TCPA remand.  After all, the FCC provided only two weeks for comment in its latest Public Notice Seeking Further Comment, issued after the Ninth Circuit’s anachronistic ruling in Marks v. Crunch San Diego, LLC this September....

11th Circuit Rules on Article III Standing in FACTA Cases

On October 3, 2018, the 11th Circuit Court of Appeals issued a significant decision in a class action case regarding a plaintiff’s standing to sue for alleged violations of the Fair and Accurate Credit Transactions Act (“FACTA”). See Muransky v. Godiva Chocolatier, Inc., No. 16-16486, 2018 U.S. App. LEXIS 27980 (11th Cir. Oct. 3, 2018). FACTA is a 2003 amendment to the Fair Credit Reporting Act...

Circuit Split Pronounced by District Court’s Application of Statutory Definition of an ATDS

While recent TCPA coverage has focused on the Ninth Circuit’s landmark ruling in Marks v. Crunch, a subsequent ruling from a New Jersey District Court serves has a reminder that (thankfully) the Ninth Circuit remains an “ATDS” definition outlier. For more on Marks, please see Dorsey’s coverage here and Dorsey partner Scott Goldsmith’s interview with Law360 here. To recap, the TCPA prevents calls to cell phones...

Ninth Circuit Rules an ATDS Need Only Have the Capacity to “Store Numbers to Be Called” and Dial “Automatically”

In Marks v. Crunch San Diego, No. 14-56834, 2018 U.S. App. LEXIS 26883 (9th Cir. Sept. 20, 2018), a three judge panel found “the term ‘automatic telephone dialing system’ means equipment which has the capacity (1) to store numbers to be called, or (2) to produce numbers to be called, using a random or sequential number generator-and to dial such numbers automatically (even if the...

Financial Industry Groups Should Have a Pulse on the California Consumer Privacy Act of 2018: A Legislative Update on the Strictest Privacy Law in the Country

Financial institutions that are grappling with how the European Union’s General Data Protection Regulation (“GDPR”) may impact their U.S. operations should also be keeping a close eye on the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA, or Assembly Bill (“AB”) No. 375, which was passed on June 28, 2018 and is set to take effect in 2020, mirrors some GDPR protections by providing...

Callers Beware: Direct Drop Voicemails Fall Within the Purview of TCPA Liability Says District Court

Is a direct drop voicemail a “call” under the TCPA, as compared to a text message, which we know does constitute a call?  While the FCC has yet to weigh in, in the first judicial opinion on the subject, a federal court in the Western District of Michigan found they were in Saunders v. Dyck O’Neal, 17-cv-335, 2018 U.S. Dist. LEXIS 121076 (W.D. Mich. July 16, 2018).

3rd Circuit Grants Summary Judgment in Favor of Yahoo! in Reassigned Phone Number Class Action

In a much anticipated opinion and big defense victory, the 3rd Circuit granted summary judgment this week in favor of Defendant Yahoo in a reassigned number class action case involving thousands of text messages to Plaintiff’s cell phone using an autodialer.  The Court noted that lawsuit has always depended upon Plaintiff’s assertion that Yahoo’s Email SMS Service was an “automatic telephone dialing system,” i.e., an...

The Ever-Evolving Interpretation of an ATDS: Where Are We Now? (No, Really!)

On May 5, 2018, a broad range of 18 industry groups led by the U.S. Chamber of Commerce, including ACA International and members of the financial services industry, petitioned the FCC to seek clarity on the definition of an automatic telephone dialing system in light of the D.C. Circuit’s March 16, 2018 decision in ACA Int’l. v. FCC, which vacated the FCC’s prior ATDS interpretation as unreasonable, arbitrary, and capricious.

FCC Leadership to Change Composition as Clyburn Announces Retirement

Last week, Democrat Mignon L. Clyburn announced that she will be stepping down from her position as a commissioner of the Federal Communications Commission before its next scheduled meeting on May 10. Commissioner Clyburn was first nominated to serve on the FCC by President Barack Obama in August 2009, and she completed her second term with the agency last summer. President Donald Trump and the Senate will be responsible for filling her seat with a Democratic appointee to restore the 3-2 Republican-Democratic split and thereby keep with the custom that three of the FCC’s five commissioners be affiliated with the party of the President.

D.C. Circuit Dooms “Idiosyncratic” or “Imaginative” TCPA Revocation Efforts While Blessing Contractual Revocation Provisions in Upholding FCC’s Revocation Approach

Nearly a year-and-a-half after oral argument on the ACA International v. FCC petition for review of the Federal Communications Commission’s 2015 Omnibus Order, the D.C. Circuit Court of Appeals issued its long-anticipated opinion last Friday, March 16th, in a 51-page decision authored by Judge Srinivasan. This article focuses on the D.C. Circuit’s handling of the issue of revocation of consent and its further implications for contracting parties addressing the same.