Communications & Media Consumer Protection Civil Remedies

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Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement

In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a...more

FCC Grants Limited Package Delivery Notification “Prior Express Consent” Exemption

On March 27, 2014, the FCC granted, in part, a petition for expedited declaratory ruling filed by the Cargo Airline Association (“CAA”). (The FCC’s CAA Order can be found here.) In its petition, the CAA asked the FCC: (1) to...more

A (POM) Wonderful Result For Consumer Class Action Defendants

On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New...more

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

District Court Denies Class Certification and Grants Partial Summary Judgment in Favor of DISH Network L.L.C. in Telemarketing...

CLEVELAND, OH – February 25, 2014 –Benesch achieved a significant victory for DISH Network L.L.C. when the Federal District Court in Denver, Colorado issued an order and an opinion denying the Plaintiff’s Motion for Class...more

Voluntary Restitution Programs and Class Action Exposure: Lessons from the Hyundai/Kia Consumer Class Action Settlements

In many misleading advertising and consumer protection cases, a company that discovers a regulatory breach will self-report to the Competition Bureau or other law enforcement agencies, and implement a voluntary compensation...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

Judge Koh Tosses Restitution and Disgorgement Claims in Bumble Bee Class Action

In one of the first summary judgment rulings in the onslaught of food mislabeling and misbranding class actions, Judge Lucy Koh of the Northern District of California tossed the plaintiff’s restitution and disgorgement...more

BREAKING NEWS: FTC Announces Major Settlement with Apple

Apple Agrees to Pay Consumers At Least $32.5 Million to Settle Complaint of Unfair Billing Related to Children’s In-App Charges - FTC Chairwoman Edith Ramirez just announced (press conference) that Apple, Inc....more

“Operation Failed Resolution:” FTC Seeks Media Outlets’ Help to Police Deceptive Weight Loss Ads

In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of...more

Florida District Court Dismisses Class Action Complaint Against Tampa Bay Buccaneers Due Rule 68 Offer Of Judgment

Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013). Three dentists, a pest control service and two other alleged recipients of unsolicited faxes...more

Monster Beverage Dismissal Order Energizes Defenses Available to Food Labeling Defendants

A recent, comprehensive decision from the Central District of California lends valuable support to defendants’ ability to pursue pleading challenges and defenses in the context of food labeling class actions. In Fisher v....more

Michigan Court Holds Business Owner Individually Liable For TCPA Violation But Denies Request For Treble Damages

Jackson Five Star Catering, Inc. v. John R. Beason and Tax Connection Worldwide, LLC, No. 10-10010, 2013 WL 5966340 (E.D. Mich. Nov. 8, 2013) - Pending before the Court were several motions, including Defendant...more

Does The SCOTUS "Like" Cy Pres Distributions In Class Action Settlements?

On November 4, 2013, the Supreme Court of the United States declined to review the Ninth Circuit’s approval of Facebook’s $9.5 million privacy class action settlement, which, with the exception of attorneys’ fees and “modest...more

7th Circuit Examines Boundaries of Class Action Fairness Act

This week's post takes a look at the Seventh Circuit's recent decision in Addison Automatics, Inc. v. Hartford Casualty. Ins. Co. that sheds some light on the boundaries of the Class Action Fairness Act (CAFA), but does so by...more

New TCPA Requirements for "Prior Express Written Consent" Effective October 16

Companies that use telemarketing campaigns must be ready for changes to “prior express consent” requirements that go into effect on October 16, 2013. The new rules were issued by the Federal Communications Commission (FCC)...more

August 2013: Class Action Litigation Update - Retail Pricing: The New Class Action Beachhead.

“Labels matter.” With those two words, penned in Kwikset v. Superior Court, 51 Cal. 4th 310 (2011), the California Supreme Court opened up a new frontier for class actions against product manufacturers and retailers. Any...more

Barbara’s Bakery and Naked Juice Settle GMO Class Actions and Agree to Third-Party Substantiation of Non-GMO Labeling

Class actions challenging “all natural” labels on products allegedly containing genetically modified organisms (GMOs) are all the rage in California. The jury is still out on how these claims will ultimately hold up, but some...more

Not Just Yet: Class Action Plaintiff Cannot Access Defendant’s Insurance Coverage

On July 10, 2013, the Eastern District of Missouri Federal District Court refused to allow a class action plaintiff to directly access the defendant’s insurance coverage for plaintiff’s Telephone Consumer Protection Act...more

Food Litigation Newsletter - July 9, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

Advertising News & Analysis - June 27, 2013

In this issue: - Enjoy the Holiday and Take a Break - Former AmEx Chief Advertising Counsel Joins Venable - Here's My Number, Text Me Maybe? - Picking up the Tab for Disgorgement - Obama to...more

CFPB Seeks Injunction Against Debt Relief Firm’s “Abusive” Practices

On May 30, the CFPB filed a complaint in federal district court against a Florida debt-relief company the CFPB alleges violated the FTC’s Telemarketing Sales Rule and the Dodd-Frank Act by promising certain debt relief...more

Liquidated Damages For Junk Faxes Are Insurable in Illinois

The Federal Telephone Consumer Protection Act provides that it's unlawful to send unsolicited advertisements to a fax machine. 47 USC 227(b)(1)(C). The statute creates a private right of action, with damages equal to actual...more

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

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