Samuel D. Boro

Latest Articles

The FCC was busy in November.  On November 18, the FCC posted an Enforcement Advisory on robotexting and consumer protection, and on November 21 published a blog on robocalls.  The FCC notes that the Advisory was issued to promote understanding of the clear limitations on the use of autodialed text messages, often referred to as “robotexts.” The Advisory reminds us that the FCC’s TCPA rules apply to text messages as well as pre-recorded calls, and…
Caribbean Cruise Line Settlement (Revised 10/13) A Telephone Consumer Protection Act (“TCPA”) class action litigation, Birchmeier, et al. v. Caribbean Cruise Line Inc., et al., No. 1:12-cv-04069 (N.D. Ill.), has been winding its way through the court system for four years and finally settled this month. Caribbean Cruise Line and its co-defendants, who were sued for violating the TCPA by allegedly robocalling millions of individuals with offers for free cruise trips, will now pay between…
Recently, there have been numerous cases dismissed because plaintiffs have treated the Telephone Consumer Protection Act (TCPA) like a business opportunity rather than as a consumer protection statute. Courts also have had to step in over the past several months to reign in plaintiffs’ counsel when it comes to their attorneys’ fees. Such is the case in a recent Seventh Circuit decision, where the court held that the TCPA does not shift attorneys’ fees or…
TCPA Dismissal Raises More Questions Than It Answers The U.S. District Court for the District of New Jersey recently dismissed a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA) on grounds that the Court lacked subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Yet, the one-page dismissal order leaves more questions unanswered than it resolved. In Susinno v. Work Out World, Inc., No. 3:15-cv-5881 (D.N.J. Aug. 1, 2016), the plaintiff…
At the outset of one of his most well-known novels, For Whom the Bell Tolls, Earnest Hemingway quoted part of a meditation from Seventeenth Century poet John Donne (from which the book is titled): No man is an Iland, intire of it selfe; every man is a peece of the Continent, a part of the maine; if a Clod bee washed away by the Sea, Europe is the lesse, as well as if a Promontorie…
In the first federal appellate decision addressing Rule 68 offers of judgment for TCPA claims under the Federal Rule of Civil Procedure since the Supreme Court issued its decision in Campbell-Ewald v. Gomez, the Ninth Circuit has evaluated the potential avenues for defendants to moot a case by making a Rule 68 offer.  In Chen v. Allstate Insurance Co., No. 13-16816, 2016 WL 1425869 (9th Cir. Apr. 12, 2016), the court held that a…
Any company that is regulated and examined by the Consumer Financial Protection Bureau (CFPB) knows how expansive the Bureau’s reach is. Despite challenges in the Congress and the courts, the CFPB is not slowing down. On May 5, 2016, the CFPB released a notice of proposed rulemaking that would ban consumer financial companies from using mandatory pre-dispute arbitration clauses in consumer financial contracts (see our more detailed discussion here). Members of Venable’s CFPB practice…
Like many commentators, we have noted a potential loophole in the Supreme Court’s recent decision in Campbell-Ewald Co. v. Gomez, 136 S.Ct. 663 (2016).  In that case, the Court did not decide whether the actual deposit with the court or sending of a check in the full amount of the plaintiff’s individual damages claim would moot the plaintiff’s case.  As such, many expected that defendants would try this in the future to moot a Telephone…
There’s an interesting little fight going on in a Telemarketing Sales Rule (“TSR”) case brought by the Federal Trade Commission and the Florida Attorney General in the U.S. District Court for the Northern District of Illinois that is flying a bit under the radar.  Lifewatch Inc. is in the midst of battling the FTC’s motion for a preliminary injunction in FTC, et al. v. Lifewatch Inc., et al., No. 1:15-cv-05781 (N.D. Ill.), which, according to…
In Telephone Consumer Protection Act (“TCPA”) autodialer cases, it is important for defendants to put plaintiffs to their evidentiary burden of proving that an autodialer actually was used.  As one recent case discussed below demonstrates, being active on this front and keeping records showing how a company lawfully engages in telemarketing can save time and money in potential litigation. We have blogged previously about TCPA autodialers cases (here, here, and here).…