Civil Procedure, Communications & Media Law, Consumer Protection

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

by Judith Harris | Reed Smith on 5/22/2013

In a recently released decision from the U.S. District Court for the Southern District of Florida, Mais v. Gulf Coast Collection Bureau, et al., Judge Robert N. Scola, Jr., granted in part and denied in part cross motions for...more

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

by BuckleySandler LLP on 5/21/2013

On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta...more

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

by John L. Culhane, Jr., Mark J. Furletti, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 5/14/2013

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

by Joshua Threadcraft | Burr & Forman on 5/14/2013

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

Manually Dialed Telephone Calls May Violate TCPA

by Michael Mallow, Christine M. Reilly | Loeb & Loeb LLP on 5/10/2013

The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin...more

Telecommunications Regulatory Update – April 2013: Baker & McKenzie

by Patrick Fair, James Halliday, Anne Petterd, Penny Ward | Baker & McKenzie Australia on 5/8/2013

ACMA warns about getting CISs right - The ACMA has formally warned Activ8me and Sure Telecom about failing to make available critical information summaries (CISs) in breach of the Telecommunications Consumer...more

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

by Joshua Threadcraft | Burr & Forman on 5/7/2013

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

Redial Unsuccessful - TCPA Claims Still Unavailable in New York

by Edward Boyle, Emilio W. Cividanes, Thomas Gilbertsen, Michael Hartmere, Stuart P. Ingis | Venable LLP on 5/6/2013

Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising...more

California District Court Dismisses TCPA Claim Against Los Angeles Lakers

by Joshua Threadcraft | Burr & Forman on 4/29/2013

According to the Complaint, Plaintiff attended a Lakers basketball game at which time he saw the following statement to fans in the arena: “TEXT your message to 525377.” Plaintiff sent a text message stating “I love you...more

Alabama District Court Denies Motion To Dismiss TCPA Claim Arguing Lack Of Personal Jurisdiction, Improper Venue And That...

by Joshua Threadcraft | Burr & Forman on 4/25/2013

An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

by Joshua Threadcraft | Burr & Forman on 4/24/2013

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

Illinois Appellate Court Holds Four-Year Federal Catch-All Statute Of Limitations Governs Private Party TCPA Claims Brought In...

by Joshua Threadcraft | Burr & Forman on 4/22/2013

Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more

Johns v. Bayer Corporation: Southern District of California Dismisses “Lack of Substantiation” False Advertising Class Action

by Nicole Skolout | BakerHostetler on 4/19/2013

In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

by Mark Bross | Adler Pollock & Sheehan P.C. on 4/15/2013

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

by Judy Selby | BakerHostetler on 4/10/2013

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

by Kirk Jenkins | Sedgwick LLP on 4/1/2013

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

Telemarketers Dial Quickly - TCPA Class Action Dismissed For Now

by Edward Boyle, Emilio W. Cividanes, Michael Hartmere, Stuart P. Ingis | Venable LLP on 3/29/2013

On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York entered a memorandum and order in Bank v. Independence Energy Group LLC, which sua sponte dismissed claims arising under the Telephone Consumer...more

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

by Nicole Skolout | BakerHostetler on 3/27/2013

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which...more

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

by Michael von Ansbach-Young | BakerHostetler on 3/26/2013

Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

by Cynthia Larose, A. W. "Chip" Phinney III | Mintz Levin - Privacy & Security on 3/14/2013

“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at,...more

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Civil Procedure › Communications & Media Law › Consumer Protection