News & Analysis as of

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.  

No Certification Where Loss of Data Prevents Class Identification

by BakerHostetler on

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of the claimants, including personnel files, electronic data, tax forms, time...more

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more

Third Circuit Confirms That One Call Is All for TCPA Violation

One errant solicitation call to the wrong person’s cellphone is all it takes to trigger liability under the TCPA. That was the essence of last week’s decision by the Third Circuit Court of Appeals in the putative class action...more

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

by Pepper Hamilton LLP on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

by Foley & Lardner LLP on

Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more

App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing

by Klein Moynihan Turco LLP on

Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app....more

Dish Network to Dish Out $341M for TCPA Violations

Two recent judgements against Dish Network LLC (“Dish”) for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability companies may face based on the...more

The Seventh Circuit Forecloses One “Pick Off” Method Under Rule 67, But Leaves A Trail Of Crumbs For Both The Plaintiffs’ And...

Takeaway: The U.S. Supreme Court ruled in January 2016 in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment has no legal effect and therefore does not serve to moot a class action. 136 S. Ct. 663...more

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

by Dorsey & Whitney LLP on

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S....more

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

by Benesch on

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling,...more

“Junk Fax” Case Determined Not To Make Junk Law, Strengthens Post-Spokeo Standing and Rule 67 Mootness Arguments

by Dorsey & Whitney LLP on

In a world pushed forward by new technology, it’s a “junk fax” case that advances two case dispositive TCPA defense bar arguments: (1) a plaintiff lacks Article III standing post-Spokeo unless there is a sufficient...more

61 Million Reasons To Carefully Oversee Your Third-Party Marketer?

by Ellis & Winters LLP on

As we’ve mentioned before, federal privacy statutes that permit lawsuits and award automatic damages can be a fertile source of consumer class action litigation. The Telephone Consumer Protection Act (TCPA) fits this bill....more

Class Action Roundup: Spring 2017

by Alston & Bird on

Happy New Year! While we acknowledge that it’s nearly summer now, this issue of Roundup includes case highlights from the first quarter of 2017. The year kicked off with more activity than the last quarter of 2016, with cases...more

A&B Insurance Settles TCPA Class Action for $4.25 Million

Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior...more

Data Privacy + Cybersecurity Insider - June 2017

by Robinson & Cole LLP on

The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more

TCPA Connect - June 2017

Would-Be Employer Targeted in New TCPA Suit - Could employers be the next target for Telephone Consumer Protection Act class actions? - Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more

Mandatory Arbitration Provision does not Block Avis TCPA Class Action (for now)

by Klein Moynihan Turco LLP on

Last week, the United States District Court for the District of New Jersey denied Avis Rent A Car System, L.L.C.’s (“Avis”) motion to compel arbitration in a putative Telephone Consumer Protection Act (“TCPA”) class action. ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Goldman Sachs’ recent purchase of $2.8 billion in Venezuelan bonds has been kicking around the headlines for a few days now. Here’s what’s at stake for the country and the bank....more

U.S. Marketers:  Get Ready for Canada Anti-Spam Law (CASL) Lawsuits

by Klein Moynihan Turco LLP on

What is CASL? - CASL was passed into law on December 15, 2010, over the vigorous objection of marketers and business owners, and became effective on July 1, 2014. CASL can best be understood as a two-headed monster,...more

TCPA Class Action Tossed out After Hospital Provides Records Indicating Consent

Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld...more

Gather App Hit with TCPA Class Action Suit

Gather, a free app designed to allow users to create event invitations and send them to their contacts has been hit with a proposed TCPA class action suit. The named plaintiff alleges that Gather tricks users into giving...more

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

by Carlton Fields on

A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

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