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Tuesday, July 27, 2021
The first half of 2021 saw one of the most significant TCPA rulings in many years as
Facebook v. Duguid, 141 S. Ct. 1163 (2021), appeared to settle the long-debated question of what constitutes an automatic telephone dialing system (“ATDS”). But while the Supreme Court’s April ruling was extremely positive for the TCPA defense bar, it by no means brought an end to TCPA claims. Significant cases have continued to yield decisions, including cases that have sought to interpret
Facebook. And the state of Florida stepped into the abyss in passing a “mini-TCPA” statute that went into effect earlier this month that regulates telemarketing at the state level, with a much broader definition of the relevant technology. Thus, the TCPA (and related statute) litigation landscape, while upended to some degree, remains unsettled, and we’ll continue to provide our insights. We summarize here developments since our last update, listed b
Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone.
West Virginia Federal Court Lets TCPA Suit Move Forward Against Voice Service Providers
TCPA Connect June 01, 2021
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The case is
Mey v. All Access Telecom, Inc., et al. The named plaintiff, Diana Mey, who is well known to TCPA Connect readers as a frequent TCPA litigant, sued multiple communications service providers, alleging that they ran afoul of the TCPA by transmitting calls over their networks that contained spoofed caller ID information.
The defendants moved to dismiss on the basis that the court lacked personal jurisdiction, arguing that they did not “make” the calls at issue and were immune from liability under the statute as common carriers.
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When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not make the calls at issue or is immune from liability as a common carrier.
These and other defenses were recently raised by several voice service providers in a putative TCPA class action pending in the U.S. District Court for the District of West Virginia, but were rejected when the court denied the carriers motion to dismiss. The court s decision provides a critical lesson and warning for voice service providers and emphasizes the need to step up illegal robocall mitigation efforts.