Author: Scott Goldsmith

Scott Goldsmith

Scott brings the tenacity of a former prosecutor to his representation of clients in high-stakes commercial litigation and class action defense. Having tried over twenty cases through final jury verdict, and over one hundred fifty evidentiary hearings, Scott understands that effective advocacy requires creativity, composure, and thorough preparation.

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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....

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...

ACA International v. FCC Aftermath: 28 Days Later

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...

An ATDS is More Than a Beep and a Pause

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.