Telephone Consumer Protection Act Class Action

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
News & Analysis as of

Two Second Circuit Cases, Two Applications of Campbell-Ewald, Two Different Results, Three Weeks Apart

Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse...more

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at *1 (C.D. Cal. Jan. 19, 2017), the district court granted the defendant’s motion to dismiss a TCPA class action, finding that the simple...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

The 2017 Carlton Fields Class Action Survey

The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Medical Supply Company Hires TCPA Attorney to Handle Class Action Suit

On Monday, March 1, 2017, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois, alleging that a Brooklyn-based wholesale medical supply company violated the Telephone...more

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

Van Patten V. Vertical Fitness Is No TCPA Killer

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

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of...more

Northern District of Illinois Strikes TCPA Class Allegations

Earlier this month, the Northern District of Illinois struck the class allegations in Cholly v. Uptain Group, Inc., a single-count TCPA case filed against a medical services provider and a debt collector based on allegedly...more

TCPA Connect - February 2017

Case Not Moot Even After Rule 67 Funds Deposited - Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to...more

TCPA Violations Claimed Against Rady Children’s Hospital in San Diego

Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more

TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Last year, we warned large and small companies about the proliferation of class action lawsuits brought by plaintiffs alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA),...more

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

PLI 22nd Annual Consumer Financial Services Institute – 25 Percent Discount Available

We are pleased to invite you to the 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, March 27-28, 2017, in New York City (and by live webcast and groupcast in Atlanta and...more

TCPA Class Certified Based Largely on “Concrete Injury” Determination

Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more

Sixth Circuit: Calls to Prior Customers Violates TCPA

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class...more

Facebook’s Birthday Text Lawsuit Survives Pleadings Stage; TCPA Survives Strict Scrutiny for the First Time

Just when we thought Facebook was safe from the TCPA—remember Duguid—Judge Henderson found otherwise. In Colin Brickman, v. Facebook, 2017 WL 386238 (N.D. Cal. Jan. 27, 2017), the Court denied Facebook’s motion to dismiss,...more

Cynosure Settles Fax TCPA Class Action for $16 Million

On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA...more

Monthly TCPA Digest - January 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Circuit Court Gives Red Light to TruGreen’s Motion to Compel Arbitration

The Sixth Circuit recently reversed a decision by the District Court for the Western District of Tennessee ordering arbitration in a putative class action lawsuit. Plaintiff brought a lawsuit against her lawn care services...more

PLI 22nd Annual Consumer Financial Services Institute – 25% Discount Available

We are pleased to invite you to the 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, March 27-28, 2017, in New York City (and by live webcast and groupcast in Atlanta and...more

CFPB representatives to be featured at 22nd Annual PLI Consumer Financial Services Institute

The 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, will take place on March 27-28, 2017 in New York City (and by live webcast and groupcast in Atlanta; Philadelphia, Pittsburgh,...more

Predominance? Class Defendant Must Introduce Evidence that Individualized Issues Predominate

Takeaway: To prevail on the predominance issue, an evidentiary showing is required. Defense counsel should prove – either through declaration or deposition testimony – that a particular defense (such as consent under the...more

Blue Shield Avoids TCPA-Related Liability

A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

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