Tag Archives: TCPA

“Human Intervention” a Question of Fact for Jury

A recent opinion from the Southern District of California suggests that now there is no bright-line rule regarding what qualifies as human intervention for purposes of determining whether an autodialer was used. In denying a motion for summary judgment filed by Yahoo, the court found that: “there are genuine issues of fact as to whether … Continue Reading

Breath of Fresh Air in Dismissal of ‘Silly’ TCPA Litigation

After the FCC’s omnibus ruling drastically increasing the scope of the TCPA’s definition of autodialer, TCPA litigation has become a¬†fight about consent. This has resulted in plaintiffs creating novel theories of consent–that it only applied to certain calls, or at certain time periods, etc. If adopted, such a rule would create a headache for any … Continue Reading
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