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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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.

The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t

Here’s something a lot of folks—even so-called TCPA “experts—tend to overlook. Most people realize that the TCPA contains two separate provisions with respect to the use of regulated technology to place calls to phone numbers; one applies to cell phones and the other to landlines. But most overlook that the two provisions contain radically different triggers for liability.