As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of...more
The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting...more
Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action....more
In a report and order, the Federal Communications Commission (FCC) approved new rules that will allow phone companies to block illegal robocalls originating from certain types of numbers....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
A Winner for the Defense -
Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v....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
Yet Another Blow to Spokeo Strategy in TCPA Cases -
Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more
7/26/2017
/ Advertising ,
Campbell Ewald v Gomez ,
FCC ,
Mootness ,
Robocalling ,
Rule 67 ,
Spokeo v Robins ,
Spoofing ,
Standing ,
TCPA ,
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
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