The U.S. Court of Appeals for the 10th Circuit in Denver, Colorado. Credit: Google 10th Cir. Reinstates Robocall Class Action Following SCOTUS 'Ford' Ruling
"We understand 'Ford' to adopt the proposition that the forum State can exercise personal jurisdiction over an out-of-state defendant that has injured a resident plaintiff in the forum State if (1) the defendant has purposefully directed activity to market a product or service at residents of the forum State and (2) the plaintiff's claim arises from essentially the same type of activity, even if the activity that gave rise to the claim was not directed at forum residents," the appeals court said.
January 05, 2022 at 11:45 AM
4 minute read
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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