Drinker Biddle partners Mike Daly and Eduardo Guzman co-authored an article in Law360 titled, “3rd Circ. TCPA Decisions Are Not Setbacks For Defendants.” The article discusses two recent TCPA decisions – Leyse v. Bank of America and Dominguez v. Yahoo. Mike and Eduardo reviewed the court’s decision regarding these two cases.
In Leyse, a telemarketer placed a prerecorded telemarketing call to a residential telephone that was shared by roommates Mark Leyse and Genevieve Dutriaux. Leyse filed suit and alleged that neither he nor Dutriaux had consented to the call.
In Dominguez, the plaintiff alleged that Yahoo used an automatic telephone dialing system to send him thousands of unsolicited texts. The texts were part of a service that truncates emails and forwards them as texts to account holders’ cell phones. One such account holder was Jose Gonzalez, who neglected to disable or update the service after his number was reassigned to Bill Dominguez.
Mike and Eduardo say that while both decisions vacated notable defense rulings, “on closer examination they offer not only swords to plaintiffs but also shields to defendants. Neither is necessarily a long-term setback either for those defendants in particular or TCPA defendants in general.”
To read the full article, click here.