November 16, 2015
Lauri A. Mazzuchetti, co-chair of the firm’s Telephone Consumer Protection Act (TCPA) practice, was quoted extensively in the Pennsylvania Record article “Class Action Plaintiff Gets Second Chance to Prove Yahoo Used Autodialer to Text Him Almost 28,000 Times.” The article focuses on a TCPA class action lawsuit against Yahoo that has been revived after a federal appeals court ruled a man who received unsolicited text messages from the company may have another chance in court. The case was initially dismissed in 2014 because of the definition of an autodialer but in 2015 the FCC issued an order that updated the TCPA’s definition of an autodialer to reflect modern technology and practices.
Ms. Mazzuchetti said that remanding this case has several implications. “The Third Court endorsed the FCC’s clarification of the statutory definition of an automatic telephone dialing system (autodialer/ATDS) that could violate the TCPA in the recent July 2015 Order.” According to Ms. Mazzuchetti, the remand also gives the district court the opportunity to reevaluate Yahoo’s dialing equipment in light of the Order.
To read the full article, please click here.