January 05, 2022
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10th Cir. Reinstates Robocall Class Action Following SCOTUS 'Ford' Ruling - Law.com

The U.S. Court of Appeals for the 10th Circuit in Denver, Colorado. Credit: Google

What You Need to Know

  • Alexander Hood, a Colorado resident with a Vermont cellphone number, appealed a Colorado district court's dismissal, for lack of personal jurisdiction, of his putative class action claim against American Auto Care.
  • The circuit court reversed the district court's ruling following the Supreme Court's recent decision in 'Ford Motor v. Montana Eighth Judicial District Court.'
  • As long as AAC's marketing in Colorado was essentially the same as its marketing in Vermont, then the telemarketing calls to Hood related to AAC's marketing in Colorado, the circuit court said.

Following the U.S. Supreme Court’s recent decision in Ford Motor v. Montana Eighth Judicial District Court, the U.S. Court of Appeals for the 10th Circuit has reinstated a class action over unwanted automated calls after it had been dismissed for lack of personal jurisdiction by a federal judge in Colorado.

Alexander Hood, a Colorado resident, filed a class action against American Auto Care, a Florida limited liability company that sells extended vehicle warranties. Hood alleged that AAC violated the Telephone Consumer Protection Act directing prerecorded calls to his cellphone without consent.

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source: https://www.law.com/2022/01/05/10th-cir-reinstates-robocall-class-action-following-scotus-ford-ruling/

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