News & Analysis as of

Faxes Putative Class Actions

Faegre Drinker Biddle & Reath LLP

District Court Finds Seminar Invitation Faxes Are Not Advertisements

Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more

Manatt, Phelps & Phillips, LLP

Plaintiff’s Attempt at Tolling Doctrine Falls Short in Third Circuit

The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005....more

Manatt, Phelps & Phillips, LLP

Trend Continues With Courts Striking Out-of-State Class Members

A recent decision from the U.S. Supreme Court continues to work in favor of Telephone Consumer Protection Act (TCPA) defendants, with an Illinois federal court judge striking the plaintiff’s class definition with regard to...more

Womble Bond Dickinson

Walmart Pharmacy Hit with TCPA Class Action for Sending One Fax Advertisement in District Court of Kentucky

Womble Bond Dickinson on

Lifeback Recovery Center, PLLC has brought a TCPA class action complaint against Walmart Pharmacy in the Western District of Kentucky, contending it received an unsolicited fax advertisement from the pharmacy....more

Manatt, Phelps & Phillips, LLP

Too Soon to Dismiss TCPA Action, Court Decides

A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute....more

Carlton Fields

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

Carlton Fields on

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

Manatt, Phelps & Phillips, LLP

TCPA Connect - April 2016

Podium P.O.V.: Observations From Marc Roth on PACE's Annual Convention - I recently had the privilege of speaking at the Professional Association for Customer Engagement annual convention in Orlando. As in prior years,...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - September 2015

No Need to Wait for the U.S. Supreme Court—Seventh Circuit Rules on Mooting Offers in TCPA Suits - The latest court to weigh in on an offer of judgment in a Telephone Consumer Protection Act Suit: the Seventh Circuit...more

Carlton Fields

Life Insurer Settles Nationwide "Junk Fax" Class Actions

Carlton Fields on

Recently, there has been a noticeable increase in lawsuits, particularly putative class actions, brought against life insurance companies pursuant to the Telephone Consumer Protection Act of 1991 (TCPA). As amended by the...more

Benesch

Sender Of Faxes May Be Directly Liable For TCPA Violations

Benesch on

In Palm Beach Golf-Center Boca, Inc. v. John G. Sarris, D.D.S., P.A., No. 13-14013 (11th Cir. Oct. 30, 2014), the Eleventh Circuit Court of Appeals reversed the Southern District of Florida’s entry of summary judgment in the...more

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