Lisa Yun

Firm/Organization: Sheppard, Mullin, Richter & Hampton LLP

Blogs: Class Action Defense Strategy Blog, Eye On Privacy, FCC Law Blog, Financial Institutions Law Blog

Latest Articles

A Single Text Message May Not Violate TCPA

By Shannon Petersen, Liisa Thomas, Lisa Yun & Elfin Noce

October 7, 2019

As we reported in our sister blog, “One ‘Chirp, Buzz, Or Blink’ Is Not Enough To Sue Under the TCPA”, a recent court decision makes it more difficult for plaintiffs to establish standing under the Telephone Consumer Protection Act. In its decision, the Eleventh Circuit ruled that a single text message from an attorney to his former client did not amount to sufficient harm to sue in federal court. The Court concluded that…

Eye On Privacy

Will More Clarity on Definition of ATDS Under TCPA Finally Be Here Soon?

By Shannon Petersen, Liisa Thomas, Lisa Yun & Julia Kadish

September 26, 2019

The Sixth Circuit is the latest court to weigh in on the definition of ATDS under TCPA. The TCPA defines ATDS as equipment that has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” Generally, the TCPA prohibits calls and text messages to cell phones using an ATDS without prior express consent.…

Class Action Defense Strategy Blog

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

By Shannon Petersen & Lisa Yun

September 23, 2019

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). The TCPA generally prohibits calls and text messages to cell phones using an ATDS without prior express consent and imposes a statutory penalty of $500 per call or text in violation, or up to $1,500 per…

FCC Law Blog

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

By Lisa Yun, Paul Werner, David Poell & Shannon Petersen

August 30, 2019

A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA). In Salcedo v. Hanna, et al., Case No. 17-14077, 2019 U.S. App. LEXIS 25967 (11th Cir. Aug. 28, 2019), the Eleventh Circuit ruled that a single text message did not cause sufficient harm to sue in federal court. As a result, “single text message” TCPA cases may be…

Class Action Defense Strategy Blog

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

By Lisa Yun, David Poell, Paul Werner & Shannon Petersen

August 30, 2019

Class Action Defense Strategy Blog

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

By David Poell, Lisa Yun & Shannon Petersen

October 26, 2018

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern telephone equipment, including personal smartphones. Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. Sept. 20, 2018).…

Financial Institutions Law Blog

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

By Lisa Yun & Shannon Petersen

March 30, 2016

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.…

Class Action Defense Strategy Blog

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

By Lisa Yun & Shannon Petersen

March 29, 2016

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.…

Financial Institutions Law Blog

No Change Of Position, No Estoppel

By Lisa Yun & Alejandro Moreno

January 9, 2015

Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of Appeal affirmed a trial court’s dismissal of plaintiffs’ claims for breach of oral promises to postpone a foreclosure sale after concluding plaintiffs could not establish detrimental reliance or injury under the doctrine of promissory estoppel.…

Financial Institutions Law Blog

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

By Lisa Yun & Alejandro Moreno

January 29, 2014

A recent decision issued by the California Court of Appeal will make it more difficult for plaintiffs seeking to avoid foreclosure. In Rossberg v. Bank of America, N.A., 219 Cal.App.4th 1481 (4th Dist. 2013), the California Court of Appeal affirmed a trial court’s dismissal of plaintiffs’ claims of oral promises to modify a loan.…

Lisa Yun

A Single Text Message May Not Violate TCPA

Will More Clarity on Definition of ATDS Under TCPA Finally Be Here Soon?

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

No Change Of Position, No Estoppel

If It’s Not In Writing, It Didn’t Happen: Oral Promises To Modify A Loan Are Not Enforceable

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