News & Analysis as of

Telephone Consumer Protection Act › Federal Rule 12(b)(1)

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Faegre Drinker Biddle & Reath LLP

Middle District of Florida Analyzes Standing for Professional Plaintiffs

Faegre Drinker Biddle & Reath LLP on

The U.S. District Court for the Middle District of Florida recently denied a defendant’s motion to dismiss on standing grounds even though plaintiff remained on the line to discover the identity of the caller solely for the...more

Womble Bond Dickinson

For Cannabis Dispensaries, Ounce of Prevention Worth More than Pound of Cure

Womble Bond Dickinson on

Imagine facing the prospect of a crippling class action lawsuit and having to engage in costly discovery to disprove the claims, even where clear evidence of innocence is presented at the pleading stage. For one cannabis...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Burr & Forman

Illinois District Court Dismisses TCPA Claim Because Calls Were Not Unwanted or Unwelcome

Burr & Forman on

Telephone Science Corp. v. Asset Recovery Solutions, LLC, No. 15-cv-5182, 2016 WL 4179150 (N.D. Ill. Aug. 8, 2016) Plaintiff operates a service called “Nomorobo” designed to help consumers avoid incoming robocalls by...more

Eversheds Sutherland (US) LLP

Sutherland Wins Dismissal of TCPA Fax Case: Applying Spokeo, Court Finds Plaintiff Incurred No Actual Harm

Eversheds Sutherland (US) LLP on

On July 5, in Sartin v. EKF Diagnostics, Inc., No. 16-1816, 2016 WL 3598297 (E.D. La. July 5, 2016), the U.S. District Court for the Eastern District of Louisiana granted Defendant’s Rule 12(b)(1) motion to dismiss because...more

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