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Troutman Pepper

Northern District of California Denies Arbitration in TCPA Class Action, Citing Lack of Affirmative Assent to Arbitrate in Web...

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On September 1, 2020, a district court in the Northern District of California weighed in on an issue of recurring importance in internet commerce: how does a business obtain a remote consumer’s effective agreement to terms...more

Balch & Bingham LLP

Compelling Arbitration of TCPA Claims Alive and Well

Balch & Bingham LLP on

Two recent opinions show that litigants should always determine whether compelling arbitration is viable tactic in fighting claims under the Telephone Consumer Protection Act (TCPA). ...more

Womble Bond Dickinson

And Another One: The District Court of Arizona Applies Marks to Grant Defendant’s Summary Judgment on TCPA Claim

Womble Bond Dickinson on

The District Court of Arizona recently issued the first post-Marks MSJ ruling in favor of defendant, applying Marks. In Shupe v. Capital One Bank, Plaintiffs brought claims for a violation of the TCPA and a violation of the...more

Womble Bond Dickinson

Not Proportional: Plaintiff’s Demand for TCPA Class Data that Did not Match Proposed Class Definition Denied by Magistrate Judge

Womble Bond Dickinson on

One of last year’s worst TCPA cases was Meredith v. United Collection Bureau, Inc., 2017 WL 1355696, at *2 (N.D.Ohio, 2017) where a magistrate compelled production of wrong number class data and forced a defendant to bear the...more

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