- Agency: The court affirmed summary judgment for the defendant on agency grounds, holding that ““[i]n determining whether vicarious liability may be imposed, the ‘extent of control exercised by the [principal]’ is the ‘essential ingredient.’” Jones v. Royal Admin. Servs., 887 F.3d 443 (9th Cir. 2018)
- ATDS: The court granted partial summary judgment for the defendant on the ATDS issue based on its interpretation of ACA and a rejection of legal conclusions made by popular TCPA plaintiff’s expert Randall Snyder. Marshall v. CBE Grp., Inc., 2018 U.S. Dist. LEXIS 55223 (D. Nev. March 30, 2018). Similarly, another court relied on ACA to grant summary judgment for a defendant on a TCPA claim because the court found that the equipment at issue was not an ATDS. Maddox v. CBE Group, 2018 U.S. Dist. LEXIS 88568 (N.D. Ga. May 22, 2018). Even before ACA, another court granted summary judgment to the defendant based on a conclusion that the system at issue was not an ATDS. Ferrer v. Bayview Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 12600 (S.D. Fla. Jan. 26, 2018).
- Class certification: The court denied class certification in a TCPA fax case based on individual issues predominating over classwide issues. Gorss Motels, Inc. v. Safemark Sys., L.P., 2018 U.S. Dist. LEXIS 58111 (M.D. Fla. April 5, 2018). In another case, the court granted class certification in part, but declined to define the class to include individuals outside the state of Illinois based on personal jurisdiction concerns and the Supreme Court’s decision in Bristol-Meyers. Practice Mgmt. Support Servs. v. Cirque Du Soleil, Inc., 2018 U.S. Dist. LEXIS 39754 (N.D. Ill. March 12, 2018). A third court granted a motion to strike class allegations (without prejudice) where the class definition was inconsistent with the claims asserted by the plaintiff. A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2018 U.S. Dist. LEXIS 8975 (N.D. Ill. Jan. 18, 2018).
- Consent: The court affirmed summary judgment for the defendant when the plaintiff consented to be contacted regarding surveys at the time of program enrollment. Fober v. Mgmt. & Tech. Consultants, LLC, 886 F.3d 789 (9th Cir. 2018). Another court dismissed a TCPA claim where the plaintiff failed to adequately allege revocation of consent. Rando v. Edible Arrangements Int’l, LLC, 2018 U.S. Dist. LEXIS 51201 (D.N.J. March 28, 2018).
- Constitutionality: The court denied a motion under Rule 12(c) related to the constitutionality of the TCPA as amended by the Bipartisan Budget Act of 2015, but signaled that the issue is open to debate by certifying the issue...
Sign Up for Vincent AI
TCPA Case Law Update (Vol. 2)
Experience vLex's unparalleled legal AI
Access millions of documents and let Vincent AI power your research, drafting, and document analysis — all in one platform.
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting