David Krueger

David Krueger

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UTC Fire & Security Obtains Summary Judgment In Putative TCPA Class Action

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the...more

6/3/2015 - Class Action Dealers FCC Pre-recorded Messages Sellers Summary Judgment TCPA Telemarketing Third-Party Agents Vicarious Liability

USA Today Defeats Video Privacy Class Action

In Yershov v. Gannett Satellite Information Network, Inc. d/b/a USA Today, No. 14-13112 (D.Mass. May 15, 2015), the District Court for the District of Massachusetts recently granted a motion to dismiss a putative class action...more

5/28/2015 - Mobile Devices Motion to Dismiss Personally Identifiable Information Popular Putative Class Actions Subscribers VPPA

Dismissal Of Securities Fraud Class Action Against Yahoo! Affirmed By Ninth Circuit

On May 15, 2015, the Ninth Circuit Court of Appeals affirmed the dismissal of a putative securities fraud class action against Yahoo! In re: Yahoo! Inc. Sec. Litig., No. 11-cv-02732 (9th Cir. May 15, 2015). In 2011,...more

5/26/2015 - Alibaba Appeals Putative Class Actions Securities Securities Fraud Yahoo!

Sprint Spectrum Obtains Arbitration Of Putative TCPA Class Action

Ronald and Anna Andermann filed suit against Sprint Spectrum L.P., alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), arising out of several service phone calls they received from Sprint...more

5/22/2015 - Arbitration Contract Term Putative Class Actions Sprint TCPA

Diversified Consultants, Inc. Successfully Strikes Fail-Safe Class Definitions In Putative TCPA Class Action

Kenneth Boyer filed a putative class action against Diversified Consultants, Inc. (“DCI”) and LiveVox, Inc., in the United States District Court, Eastern District of Michigan, alleging that DCI, through LiveVox, initiated...more

5/8/2015 - Cell Phones Prior Express Consent Putative Class Actions Robocalling TCPA

Obama For America Obtains Denial Of Class Certification In Putative TCPA Class Action

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in...more

4/30/2015 - Obama for America Political Campaigns Prior Express Consent Putative Class Actions Robocalling TCPA

Denial of Class Certification In Computer Spyware Suit Vacated By Third Circuit

On April 16, 2015, the United States Court of Appeals for the Third Circuit vacated a district court’s order denying class certification of a computer spyware suit against Aaron’s Inc., concluding that district court had...more

4/21/2015 - Appeals Ascertainable Class Class Certification Putative Class Actions Rule 23 Spyware

HCA Holdings Must Present More Than “Speculation” of Affirmative Defenses to Defeat Class Certification, Sixth Circuit Holds

Investors sued HCA Holdings, Inc., alleging that HCA’s registration statement and prospectus contained misrepresentations when HCA made its initial public offering in 2011. The district court certified a class of investors,...more

3/2/2015 - Affirmative Defenses Class Action Class Certification IPO Misrepresentation

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

On March 25, 2014, Brian Jackson received a text message on his cellular phone, allegedly making an offer for cruise ticks on behalf of Caribbean Cruise Line (“CCL”). Jackson filed suit against AdSource Marketing Ltd....more

2/25/2015 - Advertising Class Action Cruise Ships Motion to Dismiss Pleading Standards TCPA Text Messages Vicarious Liability

Chi-Town Pizza Avoids Class Certification in TCPA Suit

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits the transmission of “an unsolicited fax advertisement.” Rosen Family Chiropractic (“Rosen”) filed suit against Chi-Town Pizza on Div. St. (“Chi-Town...more

2/23/2015 - Advertising Ascertainable Class Chiropractors Class Action Class Certification Faxes TCPA Unsolicited Faxes

GroupMe Obtains Summary Judgment In TCPA Class Action; Dialing Equipment Is Not An ATDS

In Glauser v. GroupMe, Inc., the Northern District California granted summary judgment in favor of GroupMe, Inc. (“GroupMe”) in a putative class action alleging that GroupMe sent text messages via an automatic telephone...more

2/10/2015 - Class Action FCC GroupMe Summary Judgment TCPA Text Messages

Sixth Circuit Denies Interlocutory Appeal of Class Certification of Antitrust Suit Against Detroit Medical Center

Detroit-area nurses filed an antitrust suit against Detroit Medical Center (“DMC”), alleging that “softened competition” resulted from DMC sharing compensation information with other hospitals. The plaintiffs also alleged a...more

2/9/2015 - Antitrust Litigation Class Action Class Certification Hospitals Interlocutory Appeals Nurses Summary Judgment Wage-Fixing

Southern District of Ohio Strikes Policyholders Class From Suit Against State Automobile Mutual Insurance Company

In Schumacher v. State Auto. Mut. Ins. Co., No. 13-cv-00232, 2015 U.S. Dist. LEXIS 11857 (S.D. Ohio Feb. 2, 2015), the Southern District of Ohio struck class allegations from a putative class action alleging breach of the...more

2/5/2015 - Bad Faith Fraudulent Inducement Homeowner's Insurance Insurance Litigation Putative Class Actions Unfair or Deceptive Trade Practices

Eighth Circuit Reverses Class Certification of FDCPA Suit Against Debt Collector And Its In-House Attorneys

In Powers v. Credit Mgmt. Servs., Inc., No. 13-2831 (8th Cir. Jan. 13, 2015), the United States Court of Appeals for the Eighth Circuit reversed the District of Nebraska’s order granting class certification of an action...more

1/28/2015 - Appeals Class Action Debt Collection Debt Collectors FDCPA Putative Class Actions

Attempt To “Settle” A Time-Barred Debt Plausibly States Claim For FDCPA Violation, Sixth Circuit Holds

In Buchanan v. Northland Group, Inc., No. 13-2523 (6th Cir. Jan. 13, 2015), the Sixth Circuit reversed dismissal of a putative class action, holding that a creditor’s “settlement offer” to resolve an unpaid debt—without...more

1/16/2015 - Debt Collection FDCPA Putative Class Actions Settlement Offer Statute of Limitations

Eighth Circuit Sets Standard For Cy Pres Distributions

On January 8, 2015, the Eighth Circuit Court of Appeals established a five-factor test governing cy pres distributions in class action lawsuits. In Re: BankAmerica Corp. Sec. Litig., No. 13-2620 (8th Cir. Jan. 8, 2015). ...more

1/14/2015 - Appeals Class Action Cy Pres Funds Judicial Settlement Agreements Securities Securities Fraud Shareholder Litigation Shareholders

FCC Is “allergic to brevity and clarity” With Respect To The TCPA, District Court Concludes

Amanda Balschmiter’s boyfriend, Victor Loshek, purchased a car with a loan that was serviced by TD Auto Finance LLC (“TDAF”), and subsequently defaulted on the loan. Balschmiter, on Loshek’s behalf, began making calls on her...more

12/8/2014 - Cell Phones Debt Collection FCC Putative Class Actions Robocalling TCPA

Eleventh Circuit Joins Circuit Split On Whether Offers of Judgment May Moot Individual Or Class Claims

On December 1, 2014, the Eleventh Circuit Court of Appeals joined the growing nationwide split between Circuits over whether an unaccepted offer of judgment under Fed. R. Civ. P. 68 may moot an individual plaintiff’s claim...more

12/4/2014 - Appeals Mootness Offer of Judgment Putative Class Actions Rule 68

Thanks Obama (For America)! Single Defendant’s Offer Of Judgment Does Not Moot Claim Seeking Relief from Multiple Defendants

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in...more

11/25/2014 - Barack Obama Cell Phones Mootness Offer of Judgment Political Campaigns Putative Class Actions Robocalling Subject Matter Jurisdiction TCPA Unsolicited Phone Calls

Ohio’s Sixth District Reverses Order Granting Class Certification

In Gordon v. Erie Islands Resort & Marina, 6th Dist. No. OT-13-040, 2014-Ohio-4970, the Court of Appeals for the Sixth District of Ohio reversed an order granting class certification on the grounds that the trial court failed...more

11/24/2014 - Appeals Class Action Class Certification Real Estate Investments Reversal Tenancy-in-Common

“Shell” Motion For Class Certification Does Not Prevent Offer Of Judgment

The First District of Illinois recently issued a significant decision holding that a “shell” motion for class certification, filed concurrently with a complaint, does not preclude a defendant from making an offer of judgment...more

11/21/2014 - Class Action Class Certification Offer of Judgment TCPA Unsolicited Faxes

Skinnygirl Squeezes Past Class Action For Deceptive Advertising

Amy Langendorf alleged that Skinnygirl Margarita, a pre-mixed alcoholic beverage, contains the non-natural preservative sodium benzoate, rendering the product’s “all natural” label false and misleading. Langendorf filed suit...more

11/7/2014 - Ascertainable Class Labeling Putative Class Actions Skinnygirl Margarita Wine & Alcohol

Sixth Circuit: Attempt To Collect Statutory Interest Violates FDCPA If Displaced By Contract

In Stratton v. Portfolio Recovery Assoc., LLC, No. 13-6574 (6th Cir. Oct. 24, 2014), the Sixth Circuit reversed dismissal of a putative class action, holding a party’s waiver of statutory interest in favor of a different...more

11/7/2014 - Contract Terms Debt Buyers FDCPA Interest Payments Interest Rates Putative Class Actions

Sender Of Faxes May Be Directly Liable For TCPA Violations

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the...more

11/4/2014 - Advertising Faxes Putative Class Actions TCPA Third-Party Risk Unsolicited Faxes Vicarious Liability

District Court Rejects FCC’s Expansive Definition Of ATDS In Putative TCPA Class Action

In Marks v. Crunch San Diego, LLC, No. 14-cv-00348 (S.D. Cal. Oct. 23, 2014), the Southern District California granted summary judgment in favor of Crunch San Diego, LLC (“Crunch”) in a putative class action alleging that...more

10/31/2014 - ATDS Class Action FCC Putative Class Actions Robocalling TCPA

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