In ACA Int’l v. FCC, No. 15-211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) the United States Court of Appeals for the District of Columbia Circuit overturned the FCC’s “expansive” interpretation of what constitutes an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. For an overview of key takeaways from the ruling, please see...
Author: Scott Goldsmith
Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed Debts
A District Court in the Southern District of California recently cut loose a student loan creditor entangled in a Telephone Consumer Protection Act (TCPA) lawsuit, finding the defendant was not vicariously liable for the alleged TCPA violations by its third party collectors.
Missed Calls Don’t Cut It: Injury in Fact is Required for Each Call and Must Be Traceable to the Use of an ATDS
In the latest dismissal of a TCPA case for lack of Article III standing, a District Court in California held that a plaintiff does not suffer an injury in fact from calls she did not hear, calls she heard but did not answer, and calls she answered but did not result in an injury traceable to the use of an ATDS.
Dorsey TCPA Team Earns the Country’s First Post-Spokeo Dismissal of a TCPA Case for Lack of Article III Standing
Dorsey’s TCPA litigation team continues to thrive on the cutting edge. In a first of its kind ruling, a Pennsylvania District Court ruled today that plaintiffs who manufacture Telephone Consumer Protection Act (“TCPA”) lawsuits are no longer welcome in Federal Court.
A District Court in Arkansas just drew a line in the sand. An automatic telephone dialing system (“ATDS”), it held, is more than hearing “a beep and a pause.” And, yes, human intervention really does matter.