Telephone Consumer Protection Act

Lazar Shcherb v. Angi Homeservices, Inc., 19-cv-367 (S.D.N.Y. Oct. 25, 2019)

Plaintiff filed suit against various corporate defendants alleging that they used an automatic telephone dialing system (ATDS) to call his cell phone in violation of the Telephone Consumer Protection Act (TCPA) contending that, “[u]pon information and belief,” “when Defendants made these calls, [they] used equipment that had the capacity to store or produce telephone numbers . . . using a random or sequential number generator and/or a predictive dialer” with the capacity to dial such ...

Brady v. Basic Research, L.L.C., 2:13-cv-7169 (SFJ) (ARL) (E.D.N.Y. Feb. 3, 2016) The day after Campbell Ewald Co. v. Gomez was decided by the United States Supreme Court, Defendants moved for permission to deposit funds with the Clerk of Court "consistent with the Rule 68 offer of judgment that [they] previously made to Plaintiffs." The Court noted that by seeking permission to deposit the amount of their offer of judgment with the Clerk of Court, Defendants are attempting to moot the individual claims of Plaintiffs, thereby defeating the individual Plaintiffs' attempt to have a ...

Laverne v. Carr, 15-cv-693 (SAS) (S.D.N.Y. Dec. 23, 2015) Plaintiff brought suit against a credit card company, alleging the company violated the TCPA by autodialing her cell phone without consent. The calls at issue were made in conjunction with a "big box" electronic store card, which the company purchased from another entity. The company moved to compel arbitration. Granting the Motion to Compel Arbitration, the Court stated:

"Plaintiff's claim clearly falls within the scope of the Card Agreement's arbitration clause, which provides that 'all Claims are subject to ...