Telephone Consumer Protection Act Litigation (TCPA)

Matters

Defended a single-family home leasing and management company in numerous Telephone Consumer Protection Act (TCPA) class action matters, utilizing creative strategies to achieve desired results.
Defended a broad array of clients in claims brought under the TCPA, resulting in the dismissal of numerous claims.
Represented several national banks on various lender liability, TCPA and Fair Credit Reporting Act (FCRA) matters.
Led defense of a national bank in a putative class action alleging mortgage servicing violations.
Successfully defended a TCPA case for a telecommunications carrier in federal court in West Virginia. Plaintiff asserted a novel theory -- that a carrier that neither originated nor terminated alleged robocalls could nonetheless be liable for not blocking the calls because the caller-ID displayed an “invalid” telephone number. After prevailing on four discovery motions, the case was dismissed with prejudice.
Defended a TCPA class action against a health care provider in the Southern District of Florida. Our team argued that the complaint failed to allege facts to establish concrete harm. Our motion positioned the case for a favorable settlement of all claims.
Successfully defended a TCPA class action against a financial institution in the Northern District of Illinois. Plaintiff was seeking to certify a national class. We secured a dismissal based on the theory that the equipment used to contact Plaintiff was not an ATDS.
Successfully defended multiple TCPA class actions in federal courts in California and Missouri against health care providers, obtaining dismissals with prejudice at the Motion to Dismiss stage.
Successfully defended a TCPA class action in the District of Nevada with a risk exposure of $150 million. As part of this defense, we conducted TCPA-specific discovery, including electronically stored information indicating Plaintiff’s consent to receive the complained-of text message, the use of an ATDS to send the complained-of text messages, and analysis of the number of unique alleged class members and the number of allegedly authorized text messages received by those class members. We fully briefed a case and won a case-dispositive motion which focused on, among other issues, consent, use of an ATDS, and vicarious liability under the TCPA. The Ninth Circuit affirmed our win on appeal.
Defended a class action against a nonprofit health care provider sued in the Western District of Missouri for allegedly violating the TCPA by sending unsolicited faxes seeking volunteers for a medical study. The District Court granted our motion to dismiss for failure to state a cognizable claim, finding that the faxes did not amount to proposing a sale of goods or services or any other commercial transaction. The Eighth Circuit Court of Appeals affirmed.
Defeated class certification of a putative national TCPA class action against a national communications company after a two-day evidentiary hearing on experts. (Warnick v. Dish Network LLC, 2014 U.S. Dist. LEXIS 87818 (D. Colo. June 27, 2014)). We negotiated nominal settlements of several other TCPA matters for that client after getting cases transferred to more favorable jurisdictions and winning discovery battles.
Successfully negotiated and settled a TCPA class action arising from the actions of a rogue employee who defied company directives. This was an early resolution of the plaintiff’s individual claims which allowed our client to avoid the risk of class liability.
Successfully handled the Mainstream Marketing case, which was a First Amendment challenge to the constitutionality of the FCC and FTC rulemaking and implementation of the national “Do Not Call” registry.
Won a motion to dismiss a Telephone Consumer Protection Act class action lawsuit in the Southern District of California where Plaintiff sought millions of dollars in damages. The Court held that Plaintiff failed to state a claim. Further, while not part of the holding, the Court previewed that it may deny class certification or find no standing because Plaintiff invites calls and is a serial TCPA litigant. The Court also expressed doubt that an automatic telephone dialing system was used while noting that the issue is not amenable to a resolution on a motion to dismiss.
Won a motion to dismiss a TCPA class action lawsuit in the Eastern District of Louisiana. The Court took judicial notice of the complained-of text messages and held that Plaintiff consented to receive those communications. Specifically, Plaintiff voluntarily opted for informational communications about CPR and healthy living from a charitable entity. The fact that those communications also included the name of the nonprofit’s associated donor or another charitable entity is not disguised marketing that gives rise to a TCPA claim.