Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more
1/13/2021
/ Article III ,
Auto-Dialed Calls ,
Biden Administration ,
Corporate Counsel ,
Debt Collection ,
FCC ,
First Amendment ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party Liability
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more
1/30/2020
/ Appeals ,
Article III ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Facebook ,
FCC ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Safe Harbors ,
Smartphones ,
Standing ,
TCPA ,
TRACED Act
Does receipt of a single unsolicited text message amount to an “injury in fact” sufficient to establish Article III standing to bring a Telephone Consumer Protection Act (TCPA) lawsuit? The Eleventh Circuit says, “no.”...more
In a unanimous decision handed down on January 25, 2019, the Illinois Supreme Court reversed a lower court opinion and held that a plaintiff need not show actual harm to seek relief under the Biometric Information and Privacy...more
Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more
3/13/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facebook ,
Facial Recognition Technology ,
Injury-in-Fact ,
Popular ,
Standing
Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more
In a decision surely welcomed by the plaintiffs’ bar, the US Court of Appeals for the Ninth Circuit held, on August 15, 2017, that a putative class action plaintiff has Article III standing as long as the plaintiff alleges...more
The rising tide of class actions alleging violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”) has been a cause of concern for companies advertising and selling to...more
Nearly 35 years ago, New Jersey enacted the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”), which provides additional protection for individual consumers who suffer harm as a result of...more
With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more
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
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 ,
FRCP 23 ,
Mootness ,
Rule 68 ,
SCOTUS ,
Sovereign Immunity ,
Subcontractors ,
TCPA ,
U.S. Navy