News & Analysis as of

Predominance Requirement Telephone Consumer Protection Act

Carlton Fields

A Year in Review: Top 10 Class Action Cases of 2021

Carlton Fields on

This year has been an important one for class action law. Here are 10 of the most important class action cases of 2021 and their impact on class action litigation....more

Foley & Lardner LLP

Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible to Support Class Certification, but Approves Stringent Claim...

Foley & Lardner LLP on

At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982),...more

Troutman Pepper

Storytelling & Professional Plaintiffs: The District Court for the Northern District of Texas Denies Class Certification in TCPA...

Troutman Pepper on

In Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations...more

Faegre Drinker Biddle & Reath LLP

District Court Decertifies TCPA Class Due to Consent Issues

The Central District of California recently decertified a class of TCPA plaintiffs because consent issues were so individualized that the plaintiffs could not satisfy the predominance requirement. Trenz v. On-Line...more

Faegre Drinker Biddle & Reath LLP

Court Denies Class Certification in a TCPA Case for Lack of Numerosity and Predominance Despite Millions of Automated Calls

Recently, the Northern District of California joined other courts in more closely scrutinizing class certification motions in TCPA cases. In a case involving an automated phone call by a loan servicer regarding Plaintiff’s...more

Epiq

Judges Are Putting TCPA Class Action Cases on the Do Not Call List

Epiq on

The Telephone Consumer Protection Act of 1991 (TCPA) is a federal statute that restricts how businesses employ telemarketing efforts, like soliciting text messages or prerecorded voice messages. The law often requires...more

King & Spalding

Eleventh Circuit Vacates Order Certifying Robocall Class Because District Court Failed to Consider Whether Absent Class Members...

King & Spalding on

On November 15, the Eleventh Circuit vacated an order certifying a class of individuals who claimed to have received robocalls in violation of the Telephone Consumer Protection Act (“TCPA”), holding that the district court...more

Bradley Arant Boult Cummings LLP

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III...

The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was...more

Goodwin

Eleventh Circuit Decertifies TCPA Class on Traceability and Predominance Grounds

Goodwin on

On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more

Faegre Drinker Biddle & Reath LLP

Lack of Widespread Harm Traceable to TCPA Violation Requires Decertification of Class Action, Eleventh Circuit Rules

The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more

Faegre Drinker Biddle & Reath LLP

TCPA Class Allegations Stricken Due to “Unique Defenses Peculiar to Plaintiff’s Case”

The Northern District of Illinois recently clarified that a “revocation class” that defines a putative class as those having made “a request to stop calling [their] number” does not satisfy Rule 23(b)(3)’s predominance...more

Manatt, Phelps & Phillips, LLP

California Court Denies Class Certification in ‘Wrong Number’ Case

A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case...more

Carlton Fields

Question Of Consent Turns Putative TCPA Fax Class Action Into Junk

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A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more

Bradley Arant Boult Cummings LLP

Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense...

Just when you thought litigating Telephone Consumer Protection Act (TCPA) class actions was as unsafe as it could get for defendants, the Ninth Circuit said, “Not so fast.” In McKesson v. True Health, two chiropractic...more

Womble Bond Dickinson

Too Close for Comfort: Plaintiff's Ties to Class Counsel Leads to Denial of TCPA Class Action Certification

Womble Bond Dickinson on

Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more

Womble Bond Dickinson

Holiday Cheer: Court Denies Certification in TCPA Wrong Number Class Action And Shows Just Why Wrong Number Class Actions Should...

Womble Bond Dickinson on

Just a few days ago, Judge William F. Jung of the Middle District of Florida denied certification in a wrong-number TCPA class action, and tore to shreds the most common methodologies proposed by plaintiffs to ascertain wrong...more

Mintz

TCPA Class Action Update – December 2018

Mintz on

Spotlight on Consent: Individualized Questions of Consent Preclude Class Certification - Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should...more

Womble Bond Dickinson

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable...

Womble Bond Dickinson on

Well now I’ve seen everything. Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point. Because...more

Womble Bond Dickinson

Putting on a Clinic: A Breakdown of Citi’s Recent Major Success Defeating Certification in a Revocation and Wrong Number TCPA...

Womble Bond Dickinson on

CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D....more

Womble Bond Dickinson

Finding Solid Ground: Junk Fax TCPA Certification Opinions Slowly Aligning with Certification Approach Applied in Other TCPA...

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Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more

Womble Bond Dickinson

Nothing Common About This Ruling: Court Finds Lack of Even a Threshold Common Issue in TCPA Certification Bid

Womble Bond Dickinson on

Class actions under the Telephone Consumer Protection Act (“TCPA”) are rarely, if ever, certified in the debt collection context outside of highly-unique circumstances. So today’s decision in Frederick Luster v. Green Tree...more

Womble Bond Dickinson

Predominance Dominance: Certification Denied in TCPA Fax Case Owing to Diverse Issues of Consent

Womble Bond Dickinson on

I’m at a wedding. But real quick, did you see the class action denial in Khs Corp. v. Singer Fin. Corp. Case No. 16-55, 2018 U.S. Dist. LEXIS 143337 (E.D. Pa Aug. 23, 2018)? Its good stuff....more

Womble Bond Dickinson

Hidden Gem: Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings...

Womble Bond Dickinson on

Call it a silver lining, but the Ninth Circuit just telegraphed a bit of what we might see in the big Marks v. Crunch appeal in what was otherwise a not-so-great opinion reversing the denial of class certification in a...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

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