Providing a warning about the limits of insurance coverage, a New York federal court sided with an insurer to hold that two exclusions in a policy precluded coverage for a Telephone Consumer Protection Act (TCPA) class...more
Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)? Yes, an Illinois federal court recently declared, denying the defendant’s...more
A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute....more
The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more
Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement....more
Lacking List of Recipients, Sixth Circuit Denies Class Certification -
Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more
8/28/2017
/ Advertising ,
Class Action ,
Class Certification ,
Faxes ,
FCC ,
Marketing ,
Notice of Inquiry ,
Robocalling ,
TCPA ,
Text Messages ,
Unsolicited Faxes
Would-Be Employer Targeted in New TCPA Suit -
Could employers be the next target for Telephone Consumer Protection Act class actions? -
Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more
D.C. Circuit Hears Argument on FCC Petitions -
On October 19, Judges Srinivasan and Pillard and Senior Judge Edwards of the D.C. Circuit heard argument in ACA International v. FCC, which addressed several consolidated...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