David Krueger on Putative Class Actions

Seventh Circuit Throws FCC “Guidance” In Trashcan

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

8/9/2023 / Advertising , Contests & Promotions , Declaratory Rulings , FCC , Hobbs Act , Marketing , Putative Class Actions , TCPA , Telecommunications , Unsolicited Faxes

Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

8/1/2023 / Auto-Dialed Calls , Burden of Proof , Class Action , Class Certification , Class Representatives , Consent , Defense Strategies , Do Not Call List , Putative Class Actions , TCPA , Telemarketing

DCD Compels Arbitration for TCPA Class Action Despite Being Non-Signatory to Agreement

The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more

7/13/2023 / Affiliates , American Arbitration Association , Arbitration , Arbitrators , Class Action , Class Representatives , Consumer Contracts , Contract Terms , Delegation Clauses , Mandatory Arbitration Clauses , Non-Signatories , Putative Class Actions , TCPA , Text Messages

Serial TCPA Litigant’s Claims Dismissed For Inadequately Pleading Whether His Number is Protected By TCPA

Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more

3/4/2021 / Auto-Dialed Calls , Cell Phones , Class Action , Dismissals , Mobile Devices , Pleadings , Putative Class Actions , TCPA , VoIP

Lyft Obtains Dismissal Of FCRA Class Action

Lyft, the ride-sharing service, recently obtained dismissal of a putative class alleging that it violated the Fair Credit Reporting Act (“FCRA”) when obtaining background checks on its drivers. See Nokchan v. Lyft, Inc., No....more

10/28/2016 / Background Checks , Corporate Counsel , Dismissals , Fair Credit Reporting Act (FCRA) , Jurisdiction , Lyft , Putative Class Actions

Third Circuit Establishes Test For Numerosity Under Rule 23(a)(1)

While Fed. R. Civ. P. 23(a)(1), the “numerosity” requirement, is not a frequently challenged issue in many class actions, its importance cannot be ignored. Rule 23(a)(1) mandates that in order to certify a class action, the...more

10/27/2016 / Class Certification , Federal Rules of Civil Procedure , FRCP 23 , Numerosity , Putative Class Actions , Remand

Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more

4/28/2016 / Commercially Reasonable Efforts , Corporate Counsel , Do Not Call List , Policies and Procedures , Putative Class Actions , Safe Harbors , Summary Judgment , TCPA , Telemarketing

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

4/25/2016 / Prior Express Consent , Putative Class Actions , Summary Judgment , TCPA , Text Messages , Third-Party , Vicarious Liability

Credit Adjustments, Inc. Defeats Putative TCPA Class Action

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more

3/11/2016 / Auto-Dialed Calls , Class Certification , Corporate Counsel , Debt Collection , Prior Express Consent , Putative Class Actions , Summary Judgment , TCPA

TruGreen, Inc. Escapes TCPA Class Action, Compels Arbitration of Individual Claim

In Stevens-Bratton v. TruGreen, Inc., No. 15-cv-2472, 2016 U.S. Dist. LEXIS 3365 (W.D. Tenn. Jan. 12, 2016), the District Court for the Western District of Tennessee denied class certification of a putative class action...more

1/22/2016 / Arbitration , Class Action Arbitration Waivers , Mobile Devices , Putative Class Actions , TCPA

Supreme Court Holds That An Unaccepted Offer Of Judgment Does Not Moot A Plaintiff’s Claim

On Wednesday, January 20, 2016, the United States Supreme Court resolved the split between Circuits over whether an unaccepted offer of judgment, that would provide complete relief to a plaintiff, destroys a plaintiff’s...more

1/20/2016 / Campbell Ewald v Gomez , Mootness , Putative Class Actions , Rule 68 , SCOTUS , Settlement Offer , Standing

A Prior Putative Class Action Does Not Toll The Statute of Limitations For Subsequent Class Actions, Eleventh Circuit Affirms

In Ewing Indus. Corp. v. Bob Wines Nursery, No. 14-13842, 2015 U.S. App. LEXIS 13484 (11th Cir. Aug. 3, 2015), the Eleventh Circuit Court of Appeals held that the pendency of a prior purported class action does not toll the...more

8/7/2015 / Appeals , Class Action , Putative Class Actions , Statute of Limitations , TCPA , Tolling

Netflix Defeats Video Privacy Class Action

In Mollett, et al. v. Netflix, Inc., No. 12-17045 (9th Cir. July 31, 2015), the Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action filed against Netflix, Inc. for alleged violations of...more

8/4/2015 / Appeals , Dismissals , Internet Streaming , Netflix , Personally Identifiable Information , Putative Class Actions , VPPA

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 / 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 , FRCP 23 , Putative Class Actions

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

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