Lewis Wiener

Lewis Wiener

Sutherland Asbill & Brennan LLP

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Legal Alert: Voice Over Internet Protocol and the TCPA:  The Hidden Pothole on the Information Super Highway

Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more

7/27/2016 - Auto-Dialed Calls Cell Phones Class Action Corporate Counsel FCC Robocalling Summary Judgment TCPA VoIP

Court of Appeals Hears National Federation of the Blind’s Challenge to DOT Rule Regarding Blind-Accessible Kiosks at Domestic...

On June 29, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard the National Federation of the Blind’s (NFB) challenge to a Department of Transportation (DOT) Final Rule regarding air carriers’ duty to...more

7/19/2016 - ADA Advanced Notice of Proposed Rulemaking (ANPRM) Air Carriers Class Action Department of Transportation (DOT) Disability Discrimination DOJ Final Rules Jurisdiction Public Accommodation Website Accessibility

Sutherland Wins Dismissal of TCPA Fax Case: Applying Spokeo, Court Finds Plaintiff Incurred No Actual Harm

On July 5, in Sartin v. EKF Diagnostics, Inc., No. 16-1816, 2016 WL 3598297 (E.D. La. July 5, 2016), the U.S. District Court for the Eastern District of Louisiana granted Defendant’s Rule 12(b)(1) motion to dismiss because...more

7/15/2016 - Article III Dismissals Federal Rule 12(b)(1) Injury-in-Fact Putative Class Actions Spokeo v Robins Standing TCPA Unsolicited Faxes

Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties

On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a...more

3/25/2016 - Bench Trial Class Action Class Certification Class Representatives Strict Liability TCPA Third-Party Service Provider Unsolicited Faxes

Tyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions

On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that...more

3/25/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Doffing Donning FLSA Predominance Requirement Rule 23(b)(3) SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer

Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This...more

3/15/2016 - Auto-Dialed Calls Declaratory Rulings FCC Robocalling TCPA Telemarketing Text Messages Yahoo!

Class Action Report: 2010-2015

Over the last decade, the U.S. Supreme Court issued a string of opinions with profound implications for the enforceability of arbitration provisions and class action waivers in consumer contracts. These decisions, the most...more

3/4/2016 - American Express v Italian Colors Restaurant Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Consumer Financial Contracts DirecTV v Imburgia Federal Arbitration Act Financial Services Industry Preemption SCOTUS Stolt-Nielsen

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

1/29/2016 - Auto-Dialed Calls Campbell Ewald v Gomez Class Action Corporate Counsel FCC SCOTUS Standing TCPA Third-Party Vicarious Liability Young Lawyers

Money for Nothing: Offer of Complete Relief to Named Plaintiff Does Not Moot Class Action, Supreme Court Holds in 6-3 Decision

An unaccepted Rule 68 offer of judgment that would fully satisfy a named plaintiff’s individual claim does not moot individual or class claims opined the U.S. Supreme Court, resolving a split in the circuits. Campbell-Ewald...more

1/21/2016 - Campbell Ewald v Gomez Federal Contractors Genesis Healthcare Corp. v. Symczyk Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Sovereign Immunity TCPA Vicarious Liability

Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends

The Litigation Group of Sutherland Asbill and Brennan LLP has published REDIAL: Redial: 2015 TCPA Year In Review – Analysis Of Critical Issues And Trends. This publication reflects our in-depth analysis of significant...more

1/12/2016 - Auto-Dialed Calls Campbell Ewald v Gomez Class Action Corporate Counsel Declaratory Rulings Energy Sector FCC Health Care Providers Insurance Industry Popular Prior Express Consent Regulatory Agenda TCPA

Challenges Mount to FCC's July 2015 TCPA Order

Accusing the Federal Communications Commission (FCC) of abdicating its responsibility to clarify areas of uncertainty under the Telephone Consumer Protection Act (TCPA) and muddying the already murky waters of the TCPA, more...more

12/1/2015 - Auto-Dialed Calls Consent Declaratory Rulings FCC Reassigned Phone Numbers TCPA

Party Line: Third Circuit Issues Expansive Interpretation of Right to Sue Under the TCPA

Interpreting broadly the scope of standing to bring suit under the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Third Circuit has held that even an unintended recipient of an automated call is...more

10/26/2015 - FCC Prior Express Consent Standing TCPA

A Band-Aid Remedy?: New TCPA Rules for the Healthcare Industry

Companies in the healthcare industry, along with virtually every consumer-facing business, are adjusting to the impacts of the Federal Communications Commission’s (FCC) July 10, 2015 Order resolving more than 20 petitions...more

8/12/2015 - Auto-Dialed Calls Exemptions FCC Healthcare Prior Express Consent Safe Harbors TCPA Telemarketing Text Messages

Call (Un)Answered (the Second Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In some of its most comprehensive guidance published in years, resolving more than 20 petitions requesting clarification of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) on July 10...more

7/14/2015 - Banking Sector Cell Phones Corporate Counsel Declaratory Rulings Exemptions FCC Financial Institutions Prior Express Consent Reassigned Phone Numbers Robocalling TCPA Third-Party Service Provider

Legal Alert: Call Answered (The First Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In its most significant action on the Telephone Consumer Protection Act (TCPA) since its revised TCPA rules took effect in late 2013, the Federal Communications Commission (FCC) has issued a package of declaratory rulings...more

6/19/2015 - Declaratory Rulings FCC Robocalling Statutory Interpretation TCPA Telemarketing

Please Hold, Someone Will Be With You Shortly: FCC Action on Pending TCPA Petitions Expected Soon

Following on the heels of FCC Commissioner Michael O’Rielly’s stinging comments imploring the agency to address a backlog of petitions requesting clarification of its Telephone Consumer Protection Act (TCPA) regulations, FCC...more

6/1/2015 - Do Not Call List FCC FTC Prior Express Consent Robocalling TCPA

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

5/22/2015 - Article III Campbell Ewald v Gomez Class Action Class Certification Corporate Counsel Federal Contractors Federal Rules of Civil Procedure Mootness Rule 23 Rule 68 SCOTUS Sovereign Immunity Subcontractors TCPA U.S. Navy

Will the FCC Answer Calls to Clarify the TCPA?

We can now count an FCC Commissioner among those imploring the agency to act on the growing number of pending petitions asking for much needed clarification of regulations promulgated under the Telephone Consumer Protection...more

4/10/2015 - Advertising Class Action FCC Strict Liability TCPA

Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception. ...more

3/18/2015 - Energy Sector Putative Class Actions Robocalling TCPA

Redial: 2014 TCPA Year In Review – Analysis Of Critical Issues And Trends

In this Analysis: - New TCPA Rules Take Effect for Telemarketing Calls - Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices - TCPA Best Practices: Consent,...more

2/4/2015 - Best Practices Insurance Industry Opt-Outs Popular Prior Express Consent Robocalling TCPA Telemarketing Third-Party Risk Unsolicited Faxes

Supreme Court Holds Dismissal of Individual Case in MDL Proceedings Is Immediately Appealable

The U.S. Supreme Court unanimously held yesterday in Gelboim v. Bank of America Corp., No. 13-1174, that an order disposing of an individual case previously consolidated with other cases for multidistrict litigation (MDL)...more

1/22/2015 - Antitrust Litigation Appeals Banks Gelboim v Bank of America Multidistrict Litigation Putative Class Actions SCOTUS

Ringing in the New Year: TCPA Hot Issues for 2015

The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided...more

1/19/2015 - Class Action Corporate Counsel FCC Prior Express Consent Robocalling TCPA Third-Party Liability

TCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance

As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA...more

12/10/2014 - Class Action Commercial General Liability Policies Indemnification Policy Exclusions TCPA

Legal Alert: Just the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices

The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties....more

11/7/2014 - Advertising Faxes FCC Opt-Outs Prior Express Consent TCPA Third-Party Liability Unsolicited Faxes

TCPA Risks Increase for the Financial Services Industry

Companies in the financial services industry are being targeted in lawsuits brought under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements like the recent $75 million settlement involving...more

11/5/2014 - Capital One Class Action FCC Settlement TCPA

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