In an iconic scene from "Terminator 2," Arnold Schwarzenegger's good Terminator perfectly impersonates Edward Furlong's voice in a test to see if the teenager's house was under siege by Robert Patrick's evil Terminator....more
12/6/2023
/ Algorithms ,
Artificial Intelligence ,
Consent ,
FCC ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Notice of Inquiry ,
Robocalling ,
TCPA ,
Telecommunications ,
Text Messages
Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated.
As I will discuss below, while there are some...more
Website technologies (such as cookies, session-replay software, and other tools) are fueling a rise in privacy class actions and drawing regulators’ scrutiny. Plaintiffs’ attorneys are pursuing these claims under a variety of...more
There is a continuing question regarding Article III standing for cases brought under the federal Telephone Consumer Protection Act in Florida.
To give the very quick recap: In 2019, the U.S. Court of Appeals for the...more
In a prior Law360 guest article, we addressed the issue of standing for Telephone Consumer Protection Act class actions in the U.S. Court of Appeals for the Eleventh Circuit. As we noted in the article, the metes and bounds...more
On July 27, the U.S. Court of Appeals for the Eleventh Circuit issued a precedential decision in Drazen v. Pinto, which centered on an "argument over the meaning of coupon settlements."
Originally published in Law360 on...more
A recent decision issued by Chief Judge Timothy J. Corrigan of the Middle District of Florida highlights a straightforward yet consequential class action principle: a plaintiff cannot serve as a class representative for a...more
While not unheard of, class actions against medical service providers that relate directly to the provision of medical treatment are uncommon. However, class actions are frequently filed in Florida courts against medical...more
On July 1, 2022, the Eleventh Circuit Court of Appeals issued a published decision in Lamirand v. Fay Servicing LLC that addressed an asserted conflict between the Fair Debt Collection Practices Act (FDCPA) and the Truth in...more
Twelve years after it started, the saga of RBC Bank’s alleged improper assessment and collection of overdraft fees appears to have come to an end. In affirming the district court’s certification of the class and approval of a...more
The term cy pres comes from the Norman French expression “cy près comme possible,” which means “as near as possible.” As part of a class action settlement, parties frequently establish a cy pres fund as a method of dealing...more
On March 31, 2022, the Florida Supreme Court issued a 6-1 decision in Airbnb Inc. v. Doe that resolved a split among Florida state appellate courts as to how specific a delegation of arbitrability must be to delegate the...more
In his iconic song, Ben E. King proclaimed that his darling could "Stand By Me." While it may seem far afield, the famous refrain from the song helps frame the questions around whether a business has standing to bring a claim...more
A Texas federal grand jury recently returned an indictment charging 101 individuals in a transnational cellphone trafficking conspiracy responsible for stealing more than 70,000 devices worth nearly $100 million from wireless...more
In Joy Global Inc. v. Columbia Casualty Co., Judge Lynn Adelman of the Eastern District of Wisconsin addressed whether certain shareholder claims fell under a carve-out of coverage for “inadequate consideration claims.”...more
On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...more
7/1/2021
/ Amended Legislation ,
ATDS ,
Auto-Dialed Calls ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
Random or Sequential Number Generator ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more
6/14/2021
/ Arbitration ,
Browsewrap Agreement ,
Class Action ,
Class Certification ,
Consent ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Defense Strategies ,
Disclosure Requirements ,
Exceptions ,
Internet Privacy ,
Mobile Apps ,
Notice of Inquiry ,
Privacy Policy ,
Removal ,
Telecommunications ,
Terms of Service ,
Websites
The Eleventh Circuit’s decision in Hunstein v. Preferred Collection & Management Services Inc. has already changed the status quo in the debt collection industry, as the court itself predicted. Whether it will lead to any...more
On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit's decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more
On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more
The local rules for the Southern District of Florida were amended effective Dec. 1, 2020. Also, there are several amendments to the local rules for the Middle District of Florida that will go into effect on Feb. 1, 2021. This...more
Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more
Over the last month, there have been numerous lawsuits across the country by policyholders seeking insurance coverage for losses they claim are resulting from the COVID-19 pandemic.
In the last two weeks, the new trend has...more
Over the last few weeks, a tsunami of lawsuits has been filed in many states alleging a variety of issues related to the global COVID-19 pandemic....more
On March 20, 2020, the Federal Communications Commission (FCC) issued a declaratory ruling with respect to the emergency purposes exception of the Telephone Consumer Protection Act (TCPA)....more