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April 27, 2016 10:12 AM | Posted by David M. Krueger | Permalink
In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). Simmons alleged that Charter violated the TCPA by contacting him four times over a two week period, despite the fact that his telephone number was registered on the national do-not-call registry. Simmons sought to represent a class of similarly situated persons. read more
April 25, 2016 7:59 AM | Posted by David M. Krueger | Permalink
In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming Services (“NPS”), in a putative class action for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). read more
April 18, 2016 12:25 PM | Posted by David M. Krueger | Permalink
In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R. Civ. P. 23(c)(5), the adequacy/typicality elements of when a named plaintiff may represent a discrete “group” of class members under Fed. R. Civ. P. 23(a), and vicarious liability under the Junk Fax provisions of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). read more
March 10, 2016 2:59 PM | Posted by David M. Krueger | Permalink

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227.  The plaintiffs, Zachary Baisden and Brenda Sissoko, alleged that Credit Adjustments violated the TCPA when it made calls to their cellular phones using an automatic telephone dialing system (ATDS) and using a prerecorded voice in an attempt to collect debts they owed to a third-party.  Credit Adjustments did not deny that it used an ATDS and prerecorded voices on the calls, but contended that they had the plaintiffs’ consent to make the calls.  Before determining class certification, Credit Adjustments moved for summary judgment, which the district court entered in its favor.  On appeal, the Sixth Circuit affirmed. 

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