A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v....more
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act...more
The BakerHostetler 2015 Class Action Year-End Review offers a summary of some of the key developments in class-action litigation during the past year. The 2015 Year-End Review is a joint project of the firm’s Class Action...more
2/24/2016
/ Antitrust Litigation ,
Ascertainable Class ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Popular ,
RESPA ,
Standing ,
TCPA
Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live...more
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more
10/29/2015
/ Cell Phones ,
Class Action ,
FCC ,
Privacy Laws ,
Right to Privacy ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Vacated ,
Yahoo!
On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more
7/16/2015
/ Advertising ,
Banking Sector ,
Banks ,
CAN-SPAM Act ,
Class Action ,
Data Breach ,
Debt Collection ,
Debt Collectors ,
Exemptions ,
FCC ,
Financial Institutions ,
Health Care Providers ,
Healthcare ,
Notifications ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages