Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more
10/27/2021
/ Article III ,
Do Not Call List ,
FCC ,
Injury-in-Fact ,
Invasion of Privacy ,
Private Right of Action ,
Robocalling ,
Standing ,
Statutory Interpretation ,
Statutory Violations ,
Subject Matter Jurisdiction ,
TCPA ,
Telemarketing
A plaintiff could not get his Telephone Consumer Protection Act (TCPA) class action remanded to state court after a Pennsylvania federal court found he had standing to remain in federal court....more
As our readers know, many federal courts have found standing and have refused to dismiss Telephone Consumer Protection Act (TCPA) cases under the principles announced in Spokeo v. Robins. Seeming to buck the trend, the U.S....more
Finding $32 million to be a more reasonable award than $1.6 billion, a Missouri federal court judge ordered the producers of “Last Ounce of Courage” to pay for phone calls promoting the movie that ran afoul of the Telephone...more
In a positive development for financial institutions and other businesses looking to communicate with customers via phone, a federal district court dismissed a Telephone Consumer Protection Act (TCPA) suit based on the...more
President Signs Legislation Modernizing Federal Chemical Regulation Law -
Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more
6/24/2016
/ Article III ,
Breach Notification Rule ,
Chemicals ,
Class Action ,
Data Breach ,
Environmental Protection Agency (EPA) ,
False Advertising ,
FRCP 23 ,
Independent Contractors ,
Injury-in-Fact ,
NAD ,
PF Chang's ,
Robocalling ,
Settlement ,
Spokeo v Robins ,
Standing ,
TCPA ,
Toxic Substances Control Act (TSCA) ,
Uber
As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more
5/25/2016
/ Article III ,
Class Action ,
Class Certification ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
FRCP 23 ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
TCPA ,
Text Messages
BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases -
The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more
5/18/2016
/ Article III ,
Class Action ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Rules of Civil Procedure ,
Injury-in-Fact ,
Mootness ,
Personal Liability ,
Rule 68 ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Summary Judgment ,
TCPA