ATDS, WTF? The DC Circuit Dismantles the FCC’s 2015 TCPA Order

Author: Mark S. Eisen

Following the FCC’s 2015 Telephone Consumer Protection Act Omnibus Order, following ten consolidated appeals of the Order filed shortly thereafter, and following an oral argument in 2016, on March 16, 2018 the DC Circuit issued its long-awaited opinion dismantling the Order.  Unfortunately, the DC Circuit did not do much more than tell the FCC that many of its rulings were arbitrary and capricious—in other words, the Court did not itself provide definitive interpretations.  Now, three years later, plaintiffs and defendants alike find themselves with infinitely more questions than answers, and with a long road to hoe back before the FCC. Continue reading “ATDS, WTF? The DC Circuit Dismantles the FCC’s 2015 TCPA Order”

This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions

It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few.  While plaintiffs’ lawyers may have countless clients in those jurisdictions, rarely is the defendant they are pursuing physically resident in those jurisdictions.  In order to satisfy the personal jurisdiction requirements then, plaintiffs’ lawyers thus have to rely on specific jurisdiction—jurisdiction that arises out of the defendant’s suit-related contacts with the forum—not general jurisdiction—jurisdiction that exists (with limited exception) only in those forums where the defendant is incorporated or headquartered. Continue reading “This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions”