Opt-Outs Class Action

News & Analysis as of

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

The New New Proposed Amendments to Rule 23

Last week, the Rule 23 Subcommittee released its latest draft proposal for amending Rule 23. (2015-1105 Rule 23 Subcommittee Report) - The Subcommittee has abandoned (or in a few cases, placed “on hold”) several of its...more

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

Standing of Petrobras Opt-Out Plaintiffs Challenged

A recent motion to dismiss filed by the defendants in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation challenges the standing of several institutional opt-out plaintiffs. ...more

The Beginning of US Style Class Actions in the UK? The Risks Associated with Past and Future Anti-Competitive Behaviour Just...

On 1 October 2015 the UK introduced a new class action regime for breaches of competition law (specifically cartel conduct or abuse of dominant position) permitting collective proceedings for damages claims which will be...more

New era dawns in UK competition damages actions

The entry into force of the UK Consumer Rights Act 2015 (the "CRA") on 1 October 2015 marks the introduction of opt-out class actions in the UK, further transforming the legal landscape for private damages claims in the UK....more

Alert: UK Consumer Rights Act Ushers in New Era for Competition Litigation

The UK Consumer Rights Act 2015 (CRA) entered into force on 1 October. As well as amending a number of aspects of consumer protection law, the CRA implements sweeping reforms of the private competition litigation regime in...more

Opt-out collective actions cross the pond

The Consumer Rights Act 2015 entered into force on 1 October 2015. The Act develops the law on private enforcement of competition law infringements, in a radical manner. Previously, the Competition Appeal Tribunal (CAT)...more

Now in force: Major amendments to the antitrust damages regime in the UK

The Consumer Rights Act 2015 (“CRA”) comes into force today, 1 October 2015. It introduces major reforms to the antitrust damages actions regime in the UK. In particular, the CRA broadens the type of cases that can be heard...more

New UK Class Action Regime: What Do You Need To Know?

New class action procedures will come into force in just four days’ time on 1 October. These will make the UK a more attractive forum for potential claimants and are likely to lead to an increase in the number of class...more

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

Abercrombie & Hollister to pay out $10 million to settle TCPA class action

On September 11, 2015, Abercrombie & Fitch Co. (Abercrombie) and Hollister Co. (Hollister) agreed to settle a class action complaint alleging that the two clothing retailers violated the Telephone Consumer Protection Act...more

Update: Judge Scheindlin Grants Summary Judgment Against Class Member

We previously reported on what we thought at the time were “unusual” arguments from Vivendi Universal, S.A. (“Vivendi”) in its summary judgment motion in opposition to the recovery of certain class-action members in the...more

Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more

Optimizing Damages Adjustments In Securities Class Actions

Because most securities class actions settle, the statutory limitations on damages that plaintiffs are allowed to recover following a favorable verdict are often overlooked. Those limitations, however, can be surprisingly...more

UPDATE – First Circuit Upholds Method of Distribution of Notice in Hill v. State Street Corp., But Cautions Against Practice of...

The United States Court of Appeals for the First Circuit recently issued a summary dismissal denying a number of objections to the Settlement Agreement reached in Hill v. State Street Corporation. The decision further sheds...more

Cyberclaim Coverage Denied: The TCPA Protects Privacy, Not Personally Identifiable Information

In Doctors Direct Ins., Inc. v. Beaute’ E’mergente, LLC, No. 1-14-2919 (Ill. App. Ct. June 22, 2015), an Illinois state appellate court recently affirmed that a medical malpractice liability insurer did not owe a duty to...more

FCC Issues Omnibus Ruling on Host of Issues Affecting TCPA Litigation and Compliance

On July 10, 2015, the Federal Communications Commission (FCC) finally released its long awaited TCPA Omnibus Declaratory Ruling and Order, which resolved 21 petitions involving a wide variety of issues regarding the...more

Is a Class of Opt Outs Viable? Florida Court of Appeal Says No

A recent Florida appellate court decision caught my eye because it addressed a potentially-important issue that is not expressly addressed by Fed. R. Civ. P. 23, and has rarely been litigated: whether persons who have opted...more

Opt-out Collective Actions for Competition Damages Actions—A New Dawn for Litigation in the UK

The Consumer Rights Act 2015 (UK), enacted on March 26, 2015, heralds a significant development in UK litigation. Following years of debate, and despite the concerns of many that the UK would suffer from the apparent excesses...more

Sending Fax Advertisements that Comply with the TCPA and FCC Opt-Out Notice Requirements

The Federal Communications Commission (FCC) clarified on October 30, 2014, that, pursuant to the Telephone Consumer Protection Act (TCPA), senders of fax advertisements must comply with specific FCC opt-out notice...more

#OptIn #OptOut — Update

Back in March we wrote about the group of former unpaid interns from Gawker Media’s Manhattan office suing to recover back pay under the federal Fair Labor Standards Act (FLSA), and their desire to use social media to...more

The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies [Video]

In Part One of our complimentary, two-part webinar on the TCPA, we covered the basics. Join us for the second hour-long segment, as we get into the weeds of the TCPA. Part Two will cover: Exemptions/Details · What is an...more

Advertising Law - March 2015 #2

New DAA App Brings Choice to Mobile - Bringing consumer choice to mobile applications, the Digital Advertising Alliance released “AppChoices,” a free app that will allow consumers to opt out of tracking on mobile...more

Illinois Supreme Court Agrees to Decide When Tender Will Moot Putative Class Claim

The plaintiff files a skeletal class certification motion the same day as his putative class complaint. Subsequently, the defendant tenders a check to the plaintiff representing everything the plaintiff could recover for his...more

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