News & Analysis as of

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Business News Digest – January 2014

In this issue: - Advertising Law News & Analysis - December 6, 2013 Edition - December 12, 2013 Edition - California Court Continues Ascertainability Trend, Denies Class Certification in Chipotle...more

Class Action Chronicle - Winter 2013

"In This Issue: - Courts Weighs in on Ascertainability - CLASS CERTIFICATION DECISIONS: ..Decision Granting Motion to Strike ..Decisions Denying Motions to Strike ..Decisions Rejecting/Denying...more

District Court Denies Class Certification For Text Message Recipients Where Issue of Consent Predominate

The United States District Court for the Northern District of California recently denied class certification for plaintiffs alleging a claim under the Telephone Consumer Protection Act (TCPA). ...more

New Jersey Judge Certifies TCPA Junk Fax Class

In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. §...more

Class Action “Buy-Off” Settlement Offer Ends Florida Federal Case Because Plaintiff Had Not Yet Filed for Class Certification

Plaintiff received multiple unwanted texts generated by the automatic telephone dialing system of Defendants. Plaintiff filed a class action complaint alleging violations of the Telephone Consumer Protection Act (“TCPA”),...more

The Telephone Consumer Protection Act

In light of the recent onslaught of class action lawsuits alleging violations of the U.S. Federal Telephone Consumer Protection Act, and the controversy surrounding recent legal and regulatory opinions interpreting the Act...more

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

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

Business News Digest – April 2013

In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more

Advertising News & Analysis - January 31, 2013

In this issue: - FTC Robocall Challenge Draws Almost 750 Submissions - Advertising Substantiation Standards: A Brave New World - Robocall, DNC Violations May Annoy FTC Even More Than the Average Consumer -...more

The Ninth Circuit Amends TCPA Opinion in Meyer v. Portfolio Recovery Associates and Provides Relief to Debt Collection Industry

The U.S. Court of Appeals for the Ninth Circuit has amended a recent decision in which it suggested that prior express consent under the Telephone Consumer Protection Act (TCPA) for telephone calls made to mobile phones for...more

New Jersey District Court Holds Federal Procedural Law – Not State Law – Governs Private Actions Brought Under the Telephone...

Federal District Court rejects the application of New Jersey state law prohibiting private cause of action under Telephone Consumer Protection Act ("TCPA") by concluding that the prohibition does not apply when TCPA claim is...more

Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case

In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio...more

Missouri District Court Denies Class Certification, Concluding Predominance and Superiority Absent

Evans & Green, LLP v. That’s Great News, LLC, No. 11-3340-cv-s-ODS, 2012 WL 4888471 (W.D. Mo. Oct. 15, 2012) Plaintiff law firm filed a class action complaint against an individual and corporate Defendant alleging that...more

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