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    Another Federal Court Grants Arent Fox’s Motion for Summary Judgment in TCPA Class Action Case

    October 13, 2015

    Washington, DC — On October 8, 2015, Arent Fox LLP obtained summary judgment for CallFire, Inc. when a federal district court judge ruled the cloud telephone service provider could not be liable in a class action lawsuit that claimed the company violated the federal Telephone Consumer Protection Act.
     
    Communications, Technology & Mobile partner Michael B. Hazzard led the team from Arent Fox that delivered a complete victory before the US District Court for the Southern District of California. Arent Fox successfully argued that, as a common carrier that did not initiate telephone calls, CallFire does not have liability under the TCPA. A link to the decision is here.
     
    “This is the third federal court decision this year demonstrating that CallFire’s services fully comply with all aspects of the Telephone Consumer Protection Act. This decision should put a final end to harassing class action litigation,” said Mr. Hazzard. “Instead, CallFire can focus its resources on growing its businesses and creating good jobs.” CallFire was also represented by attorney Adam D. Bowser.
     
    In Kauffman v. CallFire, Inc., the plaintiff filed a putative class action after receiving text messages in response to calling a toll-free number apparently to obtain gambling advice. The plaintiff claimed that CallFire violated the TCPA on the theory that CallFire’s activities as a common carrier essentially converted CallFire into the maker of the text calls initiated by CallFire’s customer to the Plaintiff.
     
    After substantial discovery and a lengthy hearing on cross motions, Judge Marilyn Huff rejected the plaintiff’s arguments and granted CallFire’s motion for summary judgment. Judge Huff stated, “by demonstrating that it is a carrier that did not initiate the text messages Plaintiff received, Defendant CallFire has negated an essential element of Plaintiff’s case.”
     
    “Plaintiff has not demonstrated that any disputed fact remains,” Judge Huff continued, and accordingly, “the Court grants CallFire’s motion for summary judgment.”  The Court went on to deny plaintiff’s competing motion for class certification.
     
    Arent Fox’s Communications, Technology & Mobile practice is recognized by Legal 500 as a national leader in litigation, regulatory, and transactional counsel. Quick, smart, and strategic, the group advises established telecommunications providers, technology and software companies, large defense contractors, universities, research networks, and entrepreneurs operating in the communications and high-tech space.