Anthony F Jankoski

Feb 20, 2024 | jdsupra.com | Anthony F Jankoski

The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the purpose of filing a TCPA lawsuit. Despite the adverse ruling on the facts presented, the court recognized that a factual attack on standing may succeed at the pleading stage if a defendant can adduce conclusive facts to show that plaintiff welcomed the relevant phone call.

Dec 5, 2023 | jdsupra.com | Michael Daly |Anthony F Jankoski |Andrew Scarafile

Two recent rulings in Klassen v. Solid Quote LLC, No. 23-0318, 2023 WL 7544185 (D. Colo. Nov. 14, 2023), and Sowders v. Scratch Financial, Inc., No. 23-0056, 2023 WL 7525900 (S.D. Ohio Nov. 14, 2023), emphasize the need to challenge overbroad and unascertainable class definitions in TCPA suits. In both cases, the defendants’ motions to dismiss resulted in rulings that effectively narrowed the plaintiffs’ proposed classes.

Apr 14, 2023 | jdsupra.com | Anthony F Jankoski

A recent decision from the U.S. District Court for the Northern District of Texas reaffirms the FCC’s interpretation that calls and text messages regarding consumer surveys and other market research do not qualify as restricted “telephone solicitations” or “telemarketing” under the TCPA or its implementing regulations.