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Telephone Consumer Protection Act › Federal Jurisdiction

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Benesch

Be Careful What You Wish For: Lack of Article III Standing Comes Back to Bite TCPA Defendants

Benesch on

Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more

Faegre Drinker Biddle & Reath LLP

TCPA Plaintiff Argues he wasn’t Injured in Attempt to Dodge Federal Jurisdiction

Faegre Drinker Biddle & Reath LLP on

Usually, it is the plaintiff that argues he or she was injured, not the defendant. But, in an effort to stay in state court, some TCPA plaintiffs have taken the counterintuitive position that they did not suffer an injury in...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

Womble Bond Dickinson

The Trend Continues: Court Denies Pro Se Plaintiff’s Motion to Remand TCPA Case Based on Lack of Article III Standing

Womble Bond Dickinson on

As the Baron reported last month, we’ve seen a recent trend in which plaintiffs have been using their own lack of Article III standing as a means to avoid federal jurisdiction. Yet again, we have another culprit… this time, a...more

Womble Bond Dickinson

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From...

Womble Bond Dickinson on

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

Skadden, Arps, Slate, Meagher & Flom LLP on

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

BakerHostetler

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

BakerHostetler on

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more

BakerHostetler

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

BakerHostetler on

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast”...more

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