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Kelley Drye & Warren LLP

COVID-Related Refunds Defeat Article III Standing

Kelley Drye & Warren LLP on

After gyms closed in mid-March due to the coronavirus pandemic, LA Fitness was among the many fitness facilities faced with unforeseeable closures, outraged members, and class action litigation. Last Thursday, a Florida...more

Burr & Forman

Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

Burr & Forman on

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van...more

Robins Kaplan LLP

Van Patten V. Vertical Fitness Is No TCPA Killer

Robins Kaplan LLP on

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Smith Debnam Narron Drake Saintsing & Myers,...

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

Smith Debnam Narron Drake Saintsing & Myers,... on

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

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