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Ninth Circuit Expands Article III Standing For TCPA Claims

In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more

First Circuit Dives Into Standards for Concrete Harm in Data Breach Litigation

In the complex and rapidly evolving landscape of data breach litigation, the First Circuit’s recent case of Webb v. Injured Workers Pharmacy, LLC stands as a significant milestone, and it offers a wealth of insights for...more

Be Careful What You Wish For: Lack of Article III Standing Comes Back to Bite TCPA Defendants

Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more

Set Back For “Set Up” Claims: Court Holds Serial-Plaintiff Lacks Standing to Pursue TCPA Claim

Serial-litigant Mark Leyse was handed a well-deserved defeat after a decade long crusade against Bank of America (“BOA”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Leyse v. Bank of Am., N.A.,...more

Text Message Class Action Dismissed: 5 Minor Texts Don’t Convey Standing

Text messages are becoming an ever-increasing way for companies to communicate with their customers. However, if text message campaigns are not crafted properly, companies can run afoul of the Telephone Consumer Protection...more

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

Rejected Offer Of Judgment Does Not Moot Plaintiff’s Claim, Fifth Circuit Holds

On August 12, 2015, the Fifth Circuit held that a plaintiff’s rejection of an offer of judgment does not moot the plaintiff’s claim, even if the offer provides complete relief to the plaintiff. Hooks v. Landmark Indus.,...more

Defendant-Business Not Vicariously Liable For Third-Party B2B’s Unsolicited Fax Advertisements In Putative TCPA Class Action

In Palm Beach Gold Center-Boca, Inc. v. Sarris, No. 12-80178, 2013 U.S. Dist. LEXIS 155912 (S.D. Fla. Oct. 22, 2013), the United States District Court for the Southern District of Florida recently granted summary judgment in...more

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