Defeated a class certification motion on behalf of a consumer finance company related to Telephone Consumer Protection Act (TCPA) allegations in the 7th Circuit. The court ruled that the class could not be ascertained, the class definition constituted an improper “fail-safe” class, and the plaintiff failed to establish the Rule 23 requirements of commonality, predominance, adequacy, typicality and superiority. The court also held that the plaintiff did not establish numerosity, an unusual element for a court to decide in ruling against a class plaintiff.
Successfully petitioned the FCC on behalf of a client to obtain a retroactive waiver regarding the client’s fax opt-out language.
Assessed a health plan’s processes for obtaining consent from consumers to receive automated calls and text messages and proposed comprehensive revisions to documents, telephone scripts, and website language.
Conducted a nationwide audit of a market research company’s outside call vendors to evaluate do-not-call and cell phone scrubbing procedures, and to assess whether the technology used by the vendors for manually dialing cell phone numbers could be considered an ATDS.
Favorably settled a putative class action brought under the Telephone Consumer Protection Act alleging that a leading auto finance company failed to obtain prior express consent before making automated calls to the cell phones of the references listed by the borrowers in their loan applications, raising novel issues regarding “consent by intermediary,” i.e., whether the references authorized the borrowers to provide their cell phone numbers.
McGuireWoods Partner David Reidy Honored as Fintech Trailblazer by The National Law Journal
September 10, 2018
11th Circuit Ruling Calls Text Message TCPA Class Actions Into Question
August 30, 2019
ATDS in Light of ACA International — Location Matters for TCPA Claims
June 29, 2018
D.C. Circuit Issues Long-Awaited Decision on FCC’s 2015 TCPA Order
March 16, 2018
The Possible Pitfalls Of A Text Messaging Ad Campaign
January 23, 2018
No Written Consent, But Still No Harm: TCPA Class Certification Denied Where Spokeo Creates Individualized Questions of Consent
December 20, 2017