Class Certification Telephone Consumer Protection Act

News & Analysis as of

Class Action Roundup: Spring 2016

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue...more

Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald

As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full...more

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more

The Supreme Court Hates Your No-Damage Class Action: Spokeo Decision Likely to End Big-Dollar TCPA Class Actions

The world changed on May 16, 2016. Many sorts of predatory consumer class actions—you know the kind where the lawyers make millions and the consumers receive nickles?—likely just met their demise. And with the recent passing...more

The Eighth Circuit Weighs in on Ascertainability

Last week, the Eighth Circuit weighed in on a hot and unsettled topic: the ascertainability standard for class certification. In Sandusky Wellness Center, LLC v. Medtox Scientific, Inc., No. 15-1317, 2016 U.S. App. LEXIS 7992...more

The Class Action Chronicle - Spring 2016

This is the 11th 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 issued...more

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), the Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff’s lawsuit. ...more

Class Action Roundup: Winter 2016

Where the (Class) Action Is - This issue of Roundup wraps up 2015 with another slate of interesting cases spanning industries and subject matter. The running theme of ascertainability is now stretching into antitrust...more

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

Ninth Circuit Rejects Mootness Where Defendant Escrows Offered Funds, Broadening Campbell-Ewald

The Ninth Circuit has answered questions left open by the U.S. Supreme Court’s recent Campbell-Ewald v. Gomez decision by finding a putative class action was not moot even where the defendant deposited the offered funds into...more

Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties

On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a...more

New York Federal Court Ruling May Breathe New Life into Employment Class Action Pick-off Strategy; Addresses Supreme Court’s Gomez...

Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s...more

Credit Adjustments, Inc. Defeats Putative TCPA Class Action

In Baisden v. Credit Adjustments, Inc., No. 15-3411 (6th Cir. Feb. 12, 2016), the Sixth Circuit affirmed summary judgment in favor of Credit Adjustments, Inc. in a putative class action alleging violations of the Telephone...more

BakerHostetler 2015 Year-End Review of Class Actions

The BakerHostetler 2015 Class Action Year-End Review offers a summary of some of the key developments in class-action litigation during the past year. The 2015 Year-End Review is a joint project of the firm’s Class Action...more

Want to Settle Before Class Certification? The Supreme Court Raises the Stakes

Recently, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez, a putative class action case, that an unaccepted pre-certification settlement offer to the named plaintiff does not moot either the plaintiff’s claim or...more

Ninth Circuit Affirms Denial of TCPA Class Due To “Significant Uncommon Questions” And Ascertainability Issues

Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court’s denial of plaintiff’s...more

New York District Court Denies Attempt To Defeat TCPA Class Certification By Depositing Funds Into Court, Citing Campbell Ewald

Brady v. Basic Research, L.L.C., 2:13-cv-7169 (SFJ) (ARL) (E.D.N.Y. Feb. 3, 2016) The day after Campbell Ewald Co. v. Gomez was decided by the United States Supreme Court, Defendants moved for permission to deposit funds...more

Ninth Circuit Affirms Denial of TCPA Class Cert. On Predominance/Ascertainability Grounds

On January 12, 2016, the Ninth Circuit affirmed the denial of class cert. in a Telephone Consumer Protection Act (TCPA), 47 USC 227 action on  predominance and superiority grounds in the case Paul Gannon v. Network Telephone...more

Supreme Court Decides Campbell-Ewald Co. v. Gomez

On January 20, 2016, the Supreme Court decided Campbell-Ewald Co. v. Gomez, holding that an unaccepted offer to satisfy a named plaintiff’s individual claim does not render a case moot. The Court also held that sovereign...more

U.S. Supreme Court Rules Pick-Off “Offer” to Class Representative Does Not Moot Claim, But Pick-Off “Payment” Might Succeed

“Picking-off” a named class representative is a class action defendant’s dream. Faced with a class action in which the named plaintiff seeks a small recovery on an individual basis but an enormous recovery on a class basis,...more

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more

Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class

The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying...more

Supreme Court Takes On Class Actions, Again

Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it...more

Does an offer of complete relief moot a putative class action? US Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez, No. 14-857, case. The two questions presented in Gomez that are of importance to class action practice are... ...more

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