Class Action Telephone Consumer Protection Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
News & Analysis as of

US Coachways Settles TCPA Class Action for $49.9 Million

Recently, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone...more

Pharmaceutical Companies Face Fax Marketing TCPA Class Action

On November 11, 2016, a putative class action complaint was filed against two related pharmaceutical companies alleging violations of the Telephone Consumer Protection Act (“TCPA”). Specifically, the complaint alleges that...more

Alpha Gas and Electric Settles TCPA Class Action for $1.1 Million

On November 10, 2016, the United States District Court for the Southern District of New York issued an order preliminarily approving a $1.1 million settlement of a class action brought under the Telephone Consumer Protection...more

TCPA Update - November 2016

D.C. Circuit Hears Argument on FCC Petitions - On October 19, Judges Srinivasan and Pillard and Senior Judge Edwards of the D.C. Circuit heard argument in ACA International v. FCC, which addressed several consolidated...more

HAPPY HALLOWEEN!: Nothing Better than Scary TCPA Statistics to Freak You Out This Halloween

Happy Halloween TCPA-landers! I’ve dug into some of the data available from the good folks at Web Recon and what I’ve found is down right *scary*. All tricks, no treats to be found, here unfortunately....more

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)....more

Power Homes Remodeling Settles TCPA Class Action

On October 12, 2016, the United States District Court for the Eastern District of Pennsylvania issued final approval of the $5.2 million settlement, resolving a Telephone Consumer Protection Act (“TCPA”) class action lawsuit...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left...more

Spokeo and "No-Injury" Class Actions in Wisconsin Courts

In the wake of the decision from the Supreme Court in the United States on Spokeo, Inc. v. Robins, courts are grappling with how to apply the injury requirement for standing under Article III to “no-injury” class actions....more

Part II - TCPA: Litigation - “But it’s an email!” — Potential Defense to TCPA Fax Blast Class Actions

A traditional fax machine is more and more giving way to email “desktop faxing” or efaxing. We know the TCPA covers the former, but does it also cover the latter? Understanding the subtle distinctions to this question and its...more

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

Heads I Win, Tails You Lose: TCPA Defendants Finding Success in Striking “Fail-Safe” Class Allegations

The 1964 cold war era movie, “Fail-Safe,” centered on the plight of a U.S. military jet pilot who received an errant instruction to drop a nuclear bomb on Moscow. Unlike the movie, where Henry Fonda, as the fictional...more

Cruise Line to Pay up to $76 Million to Settle TCPA Violations

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million)....more

Dun & Bradstreet Settles TCPA Class Action Lawsuit for $10 Million

Late last week, Dun & Bradstreet Creditability Corp. and its related entities settled a class action lawsuit. In the lawsuit, the plaintiffs alleged that Dun & Bradstreet violated the Telephone Consumer Protection Act...more

Caribbean Cruise Line Resolves Class Action for Potentially the Highest TCPA Settlement in History

The four-year long saga of Aranda, et al. v. Caribbean Cruise Line, Inc., et al. looks like it will finally be coming to an end. The plaintiffs, which include approximately 1 million individuals who received calls from...more

Everything You Need to Know About Texting Your Listeners

Elaine Bonin of Franklin, Wisconsin received several sports scores via text courtesy of CBS Radio but did not recall signing up. Like any good citizen, recognizing that under the Telephone Consumer Protection Act she might...more

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016) Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more

California Court Strikes Fail-Safe TCPA Class Definition

Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more

No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on...more

TCPA Connect - August 2016

FCC Issues Report and Order on Budget Act Exemptions - On August 11, 2016, the Federal Communications Commission issued a Report and Order implementing Section 301 of the Bipartisan Budget Act of 2015, which amended the...more

“Placeholder” Motions to Certify are Unnecessary after Campbell-Ewald According to South Carolina District Court

Relying on the Supreme Court’s 2016 opinion in Campbell-Ewald, the United States District Court for the District of South Carolina ruled that a class action plaintiff need not file a “placeholder” motion to certify to avoid a...more

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

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

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