Class Certification Telephone Consumer Protection Act

News & Analysis as of

Supreme Court to Resolve Circuit Split on Whether Rule 68 Offer Moots Claims Prior to Class Certification Motion

On May 18, 2015, the U.S. Supreme Court granted certiorari in Campbell-Ewald Company v. Gomez (“Gomez”), potentially opening the door for the high court to resolve a split among the circuits on the issue of whether an offer...more

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

Federal Court Denies Certification, Declines To Infer A Lack of Consent From A Lack Of Documentary Evidence Of Consent

The Middle District of Florida recently denied class certification because the plaintiff failed to prove that consent (or more to the point, an alleged lack of consent) could be established on a classwide basis. In doing so,...more

Chi-Town Pizza Avoids Class Certification in TCPA Suit

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits the transmission of “an unsolicited fax advertisement.” Rosen Family Chiropractic (“Rosen”) filed suit against Chi-Town Pizza on Div. St. (“Chi-Town...more

Offer of Judgment to Named Plaintiff Did Not Moot Putative Class Action, According to Eleventh Circuit

Following the Supreme Court’s decision in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), lawyers have debated whether a defendant can defeat a class action by offering full relief to the named plaintiff(s),...more

“Shell” Motion For Class Certification Does Not Prevent Offer Of Judgment

The First District of Illinois recently issued a significant decision holding that a “shell” motion for class certification, filed concurrently with a complaint, does not preclude a defendant from making an offer of judgment...more

California District Court Certifies TCPA Class Against Defaulted Defendant

The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received...more

Avoid a Class Action Lawsuit Landing in Your Holiday Stocking

The holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers. However, brands that market or...more

ZocDoc Treats Doctor With Some Rule 68 Medicine

We have discussed several TCPA mootness decisions, mainly those coming out of the federal courts in Florida. Those cases hold that plaintiffs should not file “placeholder” class certification motions solely for the purpose of...more

Ninth Circuit Addresses TCPA Text Message Claims

In Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), a panel of the Ninth Circuit Court of Appeals addressed several recurring issues in TCPA litigation, including: the efficacy of Rule 68...more

M.D. Fla. Rejects “Placeholder” Class Certification Motion

As we have previously noted, several courts in the Middle District of Florida have made it abundantly clear that plaintiffs should not file “placeholder” class certification motions solely for the purpose of thwarting an...more

No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith

An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class...more

Sixth Circuit Affirms Class Certification in TCPA Case

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products...more

Exposing Individual Issues Regarding Consent Can Help Defeat Class Certification

Recent decisions suggest it may be tougher for plaintiffs to obtain class certification in Telephone Consumer Protection Act (TCPA) matters where individual issues regarding consent predominate. The TCPA imposes $500...more

Sixth Circuit Affirms Certification and Summary Judgment for TCPA Class, Despite State Law Class Action Prohibition

On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City’s argument that Michigan law prohibited TCPA class...more

Sixth Circuit Vacates Denial of Class Certification in Blast Fax Case

Plaintiff Sandusky Wellness Center (“Sandusky Wellness”) had alleged that defendants Wagner Wellness, Inc., and its owner, Robert Wagner (collectively “Wagner”), had violated Section 227 of the TCPA by purchasing a list of...more

Offer of Judgment Served Hours Before Motion for Class Certification Filed Moots TCPA Claim

In Barr v. The Harvard Drug Grp., LLC, 13-62019, 2014 U.S. Dist. LEXIS 79422 (S.D. Fla. June 11, 2014), the court found that an offer of judgment served via email mooted the plaintiff’s claim despite the filing of a motion...more

TCPA Connect - June 2014

TCPA Suit Based On Texts Unrelated To Promotion - Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts. ...more

Courts Reject Attempts to Pick Off Named Plaintiffs Via Offers Of Judgment

Following the Supreme Court’s 2012 recognition of concurrent federal and state jurisdiction over Telephone Consumer Protection Act (“TCPA”) class actions in Mims v. Arrow Financial Services, federal courts have issued...more

Defeating the “Fail Safe” Class Definition

Some class action plaintiff lawyers facing individualized liability issues will try to obtain class certification by defining the proposed class in a way that assumes liability. It’s somewhat akin to the baseball player who...more

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

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

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

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