Author: Nicole Su

Nicole Su

Nicole is an associate in the firm’s Southern California office. Her practice focuses on commercial and financial services litigation with emphasis in the Telephone Consumer Protection Act (TCPA).

Nicole approaches her practice in a pragmatic manner. She understands that the clients’ goals and needs are central to advocating successfully on their behalf. She is passionate about helping her clients resolve their concerns in an effective and efficient manner.

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D.C. Circuit Court of Appeals Sets Aside FCC’s Definition of “Called Party” Under the TCPA—What Comes Next?

The TCPA makes it unlawful to make autodialed calls without the prior express consent of the “called party.” The statute does not define the term “called party,” leaving parties on both sides of the aisle scratching their collective heads as to what person or persons fall within this category. The definition of “called party” is particularly important because prior express consent of the called party is a complete defense to the TCPA. Thus, identifying the “called party” is a crucial component to any TCPA compliance regime and/or lawsuit. Unsurprisingly, this was one of the principal issues addressed by the D.C. Circuit in its recent blockbuster ACA Int’l v. FCC decision, with important implications for future litigants.

District Court Overrules Magistrate’s Order Compelling Prior Complaint Information and Related Data in TCPA Class Action

Quicken Loans scored a victory earlier this week when Judge Steven D. Merryday sustained its objection to a magistrate judge’s order compelling production of every shred of documentation in any form about every do-not-call request that Quicken received. See Nece v. Quicken Loans, Inc., No. 8:16-cv-2605-T-23CPT, 2018 U.S. Dist. LEXIS 31346 (M.D. Fla. Feb. 27, 2018).