Lisa Yun Pruitt

Subscribe to all posts by Lisa Yun Pruitt

The U.S. Supreme Court Limits TCPA Liability By Narrowly Interpreting ATDS

By Lisa Yun Pruitt and Shannon Petersen on April 5, 2021 Posted in TCPA

On April 1, 2021, the U.S. Supreme Court in the class action case of Facebook, Inc. v. Duguid, No. 19-511, resolved a circuit court split on the meaning of automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) by unanimously reversing the Ninth Circuit’s broad definition and narrowly interpreting ATDS. Bringing much … Continue Reading

The Sixth Circuit Broadly Defines ATDS, Widening The Split Among Circuits Before The Supreme Court Rules Next Year

By Lisa Yun Pruitt and Shannon Petersen on July 31, 2020 Posted in Consumer, Federal Class Action, Supreme Court, TCPA

On July 29, 2020, the Sixth Circuit joined the Second and the Ninth Circuits in expansively defining Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). In Allan v. Pa. Higher Educ. Assistance Agency, No. 19-2043 (6th Cir. July 29, 2020), the Sixth Circuit held that “devices that dial from a stored … Continue Reading

U.S. Supreme Court to Address Circuit Split on Definition of ATDS Under The TCPA

By Lisa Yun Pruitt and Shannon Petersen on July 10, 2020 Posted in Consumer, Federal Class Action, TCPA, U.S. Supreme Court

On July 9, 2020, the U.S. Supreme Court granted certiorari in Facebook, Inc. v. Duguid, to resolve a split in authority on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). In TCPA class actions, millions of dollars of potential liability often turn on this one issue, and different … Continue Reading

Death by a Thousand Cuts? Supreme Court Finds Government Debt Exception to TCPA Unconstitutional, Opening Door to Similar Attacks on FCC Regulations

By Lisa Yun Pruitt and Shannon Petersen on July 7, 2020 Posted in TCPA

On July 6, 2020, the United States Supreme Court affirmed a ruling by the Court of Appeals for the Fourth Circuit, which found that an exception allowing government debt-related robocalls to cell phones is unconstitutional and must be severed from the rest of the Telephone Consumer Protection Act of 1991 (“TCPA”). Barr v. Am. Assn. … Continue Reading

The Second Circuit Invites All The Party Plaintiffs To The Disco With Broad Definition Of ATDS Under The TCPA

By Lisa Yun Pruitt and Shannon Petersen on April 13, 2020 Posted in Consumer, Federal Class Action, TCPA

In Duran v. LaBoom Disco, Inc., No. 19-600-cv (2d Cir. Apr. 7, 2020), the Second Circuit joined the Ninth Circuit in expansively defining Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). The Second Circuit held, like the Ninth Circuit before, that ATDS includes automated texts/calls to consumers from stored lists, while … Continue Reading

California Court Sets High Bar For Class Certification In False Advertising Cases

By Lisa Yun Pruitt and Shannon Petersen on February 13, 2020 Posted in California Class Action, Class Certification, Consumer, False Advertising, Unfair Competition Law

The California Court of Appeal recently made it more difficult for plaintiffs to certify class actions based on false advertising or fraud. In Downey v. Public Storage, Inc., Case No. B291662, ___Cal.App.5th___ (Feb. 6, 2020), the Court of Appeal affirmed an order denying class certification on the grounds that issues of deception and reliance were … Continue Reading

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

By Shannon Petersen and Lisa Yun Pruitt on September 23, 2019 Posted in Consumer, Federal Class Action, TCPA

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). The TCPA generally prohibits calls and text messages to cell phones using an ATDS without prior … Continue Reading

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

By Lisa Yun Pruitt, David Poell, Paul Werner and Shannon Petersen on August 30, 2019 Posted in Consumer, Federal Class Action, TCPA

A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA). In Salcedo v. Hanna, et al., Case No. 17-14077, 2019 U.S. App. LEXIS 25967 (11th Cir. Aug. 28, 2019), the Eleventh Circuit ruled that a single text message did … Continue Reading

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

By David Poell, Lisa Yun Pruitt and Shannon Petersen on October 26, 2018 Posted in TCPA

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern telephone equipment, including personal smartphones. Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. Sept. 20, 2018).… Continue Reading

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

By Lisa Yun Pruitt and Shannon Petersen on March 29, 2016 Posted in Consumer, Federal Class Action, TCPA

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.… Continue Reading

CFPB Report Targets Arbitration Clauses

By Shannon Petersen and Lisa Yun Pruitt on January 8, 2014 Posted in Consumer

The Consumer Financial Protection Bureau (the “CFPB”) is a new federal agency responsible for regulating consumer financial products and services. On December 12, 2013, the CFPB released a report on the use of arbitration clauses with class action waivers contained in credit card, prepaid card, and checking account contracts. The Report is part of a … Continue Reading