Larry v. Doctors Answers, LLC, No. cv-12-S-3510-NE, 2013 WL 987879 (N.D. Ala. March 8, 2013 An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal Jurisdiction, Venue and Plaintiff's ability to state a claim upon which relief can be granted. The court denied the motion on all grounds. With respect to Defendant's challenge to the court's personal jurisdiction, the court recited the United States Supreme Court's ...
Small v. Kmart Holdings, Corp., No. 12-cv-11062, 2013 WL 1157339 (E.D. Mich. March 20, 2013) Pending before the court was Defendant's Motion to Dismiss Plaintiff's TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant's Motion to Strike class allegations based on Michigan law prohibiting such actions. Denying the Motion to Dismiss, the court stated "Plaintiff has alleged that the Defendants sent the faxes; that Plaintiff did not give his permission to receive such faxes; there was an insufficient opt-out ...
Wellington Homes, Inc. v. West Dundee China Palace Restaurant, No. 2-12-0740 (Ill App. 2d March 13, 2013) Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant's argued that the Illinois two-year statute governing claims brought for statutory damages governed. Plaintiff argued the federal four-year statute of limitations codified in 28 U.S.C. § 1658 governed. The trial court agreed with Plaintiff but certified the question to the appellate court. Holding that the the ...
Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant's Motion to Reconsider denial of its Motion to Dismiss Plaintiff's TCPA class action Complaint or in the alternative Plaintiff's class action allegations on the grounds that applicable state law prohibited maintenance of such proceedings. In the alternative Defendant requested that the court certify its Order for interlocutory appeal. Refusing to reconsider its Order, the court heeded the Third Circuit's directive in Landsman & ...
Birchmeier v. Caribbean Cruise Line, Inc., 2012 WL 7062748 (N.D.Ill. Dec. 31, 2012) Plaintiffs filed suit alleging Defendants made or caused unsolicited calls to their cell phones in violation of the TCPA while acting under the guise of conducting a political survey to get their foot in the door to sell ocean cruises. Defendants filed Motions to Dismiss, advancing multiple arguments, all of which were rejected. For example, Defendants argued that Plaintiffs ran afoul of Rule 8 by not distinguishing the role of each Defendant. But the court held that Plaintiffs alleged Defendants ...
Bridge v. Ocwen Federal Bank, FSB, No. 1:07—CV—02739, 2013 WL 331095 (N.D. Ohio Jan. 29, 2013) In a case originally filed in 2007, and in which the Complaint was amended several times, Plaintiff asserted a TCPA claim, which was dismissed without prejudice for lack of subject matter jurisdiction. Other claims were also dismissed, including Plaintiff's claim for violation of the Fair Debt Collection Practices Act (FDCPA). Plaintiff appealed the dismissal but only as to the FDCPA claim. Plaintiff's appellate papers specifically stated that Plaintiff did not take issue with the ...
Goodrich Management Corp. v. AFGO Mechanical Services, Inc., Civ. Nos. 09-43 (WJM), 11-2769 (WJM) (D.N.J. Dec. 14, 2012) Pending before the court were motions to deny class certification in two separate cases. Defendants argued that: (1) Federal courts must enforce state law restrictions on bringing TCPA claims; (2) Under New Jersey law, private TCPA class actions are prohibited; and (3) Because New Jersey law applies to Plaintiffs' class claims, denial of class certification was appropriate as a matter of law. Plaintiffs opposed the motions, arguing that Federal Rule of Civil ...
In re Capital One Telephone Consumer Protection Act Litigation, No. MDL 2416 (N.D. Ill. Dec. 10, 2012) Over opposition from all responding Plaintiffs, the Judicial Panel on Multidistrict Litigation (JPML) ordered centralization in the Northern District of Illinois of more than 30 actions asserting TCPA claims against Defendant, including adversary proceedings. The JPML's conclusion was based on the fact that the subject actions shared factual issues regarding Defendant's policies and procedures for calling, or directing its agents to call, consumers, as well as Defendant's ...