Northern District of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

May 14, 2013 by

Hanley v. Green Tree Servicing, LLC, No. 12 C 4158 (N.D. Ill. March 21, 2013) After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can be granted, stating “[t]his case is much [...]

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Filed Under: Class Actions, Illinois, Pleading Requirements Tagged With: , ,

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

May 7, 2013 by

Bank v. Independence Energy Group, LLC, No. 12-cv-1369 (E.D.N.Y. May 1, 2013) Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied on the United States Supreme Court’s holdings [...]

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Filed Under: Class Actions Tagged With: , , ,

California District Court Dismisses TCPA Claim Against Los Angeles Lakers

April 29, 2013 by

Emanuel v. The Los Angeles Lakers, Inc., No. cv-12-9936-GW(SHx), 2013 WL 1719035 (C.D. Cal. April 18, 2013) According to the Complaint, Plaintiff attended a Lakers basketball game at which time he saw the following statement to fans in the arena: “TEXT your message to 525377.” Plaintiff sent a text message stating “I love you Facey. [...]

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Filed Under: California, Confirmatory Text, Prior Express Consent Tagged With: , , , ,

Alabama District Court Denies Motion to Dismiss TCPA Claim Arguing Lack of Personal Jurisdiction, Improper Venue And That Defendants Cannot Be Personally Liable For Alleged Corporate Wrongdoing

April 25, 2013 by

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 [...]

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Filed Under: Alabama, Personal Jurisdiction, Personal Liability, Venue Tagged With: , ,

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

April 24, 2013 by

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 [...]

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Filed Under: Class Actions, Faxes, Michigan Tagged With: , ,

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute of Limitations Governs Private Party TCPA Claims Brought In State Court

April 19, 2013 by

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 [...]

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Filed Under: Illinois, Statute of Limitations Tagged With: , ,

New Jersey District Court Certifies Interlocutory Appeal of Whether State Law Prohibits Maintenance of TCPA Class Action

February 28, 2013 by

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 [...]

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Filed Under: Choice of Law, Interlocutory Appeal, New Jersey Tagged With: , , ,

Illinois District Court Rejects Attempt to Dismiss TCPA Claims Asserting Calls Were Guise of Political Survey

February 26, 2013 by

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, [...]

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Filed Under: Illinois, Political Survey, Vicarious Liability Tagged With: , , , , ,

Northern District of Ohio Holds TCPA Claim Not Equitably Tolled and Barred by Statute of Limitations

February 6, 2013 by

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 [...]

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Filed Under: Ohio, Statute of Limitations Tagged With: , , ,

Alabama District Court Grants Pharmacy’s Motion to Dismiss, Holding Plaintiff’s Claim Barred Because She Provided Her Cell Phone Number Upon Request

December 31, 2012 by

Pinkard v. Wal-Mart Stores, Inc., No. 3:12-cv-02902-CLS, 2012 WL (N.D. Ala. Nov. 9, 2012) After dropping off a prescription with Defendant, Plaintiff was asked for several pieces of information, including her cell phone number. According to Defendant, the number was needed “in case there were any questions that came up.” Defendant did not explicitly seek permission [...]

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Filed Under: Alabama, Prior Express Consent, Unsolicited Text Message Tagged With: , , ,
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