News & Analysis as of

Telephone Consumer Protection Act Imminent Harm

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

Where’s the Beef? TCPA “Emergency Purposes” Exception Kills Class Action

Benesch on

The potential payday of a TCPA class action is huge. Sometimes, it makes otherwise good attorneys convince themselves of really bad ideas when chasing those dollar signs. Derrick v. Kroger Co., No. 3:19-cv-00106, 2019 U.S....more

Dorsey & Whitney LLP

Deconstructing Aranda: How Bad Facts Made a Good Judge Make Bad Law

Dorsey & Whitney LLP on

Within an hour or so of the Supreme Court handing down its landmark ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), I had declared the case to be the end of TCPA class litigation. In a nutshell: a violation of the...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Burr & Forman

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

Burr & Forman on

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has...more

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