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Tuesday, July 27, 2021 The first half of 2021 saw one of the most significant TCPA rulings in many years as  Facebook v. Duguid, 141 S. Ct. 1163 (2021), appeared to settle the long-debated question of what constitutes an automatic telephone dialing system (“ATDS”).  But while the Supreme Court’s April ruling was extremely positive for the TCPA defense bar, it by no means brought an end to TCPA claims.  Significant cases have continued to yield decisions, including cases that have sought to interpret  Facebook.  And the state of Florida stepped into the abyss in passing a�...

Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone...

West Virginia Federal Court Lets TCPA Suit Move Forward Against Voice Service Providers TCPA Connect June 01, 2021 Subscribe The case is Mey v. All Access Telecom, Inc., et al. The named plaintiff, Diana Mey, who is well known to TCPA Connect readers as a frequent TCPA litigant, sued multiple communications service providers, alleging that they ran afoul of the TCPA by transmitting calls over their networks that contained spoofed caller ID information. The defendants moved to dismiss on the basis that the court lacked personal jurisdiction, arguing that they did not “make” the calls a...

To embed, copy and paste the code into your website or blog: When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability as a "common carrier." These and other defenses were recently raised by several voice service providers in a putative TCPA class action pending in the U.S. District Court for the District of West Virginia, but were rejected when the court denied the carriers' motion to dismiss. The court's decision provides a cr...

Tuesday, May 4, 2021 Platforms, carriers and anyone else worried about TCPA liability should pay close attention to a recent decision out of West Virginia.  Daina Mey sued several common carriers–including CenturyLink and Level 3 Communications–for alleged violations of the TCPA.  The common carriers moved to dismiss, raising a slew of arguments against Ms. Mey’s complaint.  The Court rejected all of them and denied the common carriers’ motions.  The entire decision is worth a careful read, but there are two critical takeaways.   See Mey v. All Access Telecom, Inc., 5:...