Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Inside the TCPA, Episode 9: Robocall Mitigation Plans
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more
In an ever-growing string of losses, the Seventh Circuit affirmed the Northern District of Indiana in denying class certification to serial TCPA plaintiff Gorss Motels, Inc. in Gorss Motels, Inc. v. Brigadoon Fitness, Inc., —...more
A recent Seventh Circuit decision makes an important point about how the principle that a court generally need not resolve the merits to decide class certification is bilateral – it applies to both affirmative claims and...more
The Western District of Michigan recently denied a motion to certify a class after holding that the class was not ascertainable and the plaintiff had not offered persuasive evidence in support of the motion. Visser v....more
As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more
Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more
In E&G, Inc. v. Mount Vernon Mills, Inc., No. 17-0218, 2019 WL 4032951 (D.S.C. Aug. 22, 2019), the District of South Carolina denied class certification because individualized issues—specifically, whether recipients had...more
Consent is the most powerful weapon companies have against TCPA liability, and a recent Eleventh Circuit opinion illustrates how. In Gorss Motels, Inc. v. Safemark Systems, L.P., the Eleventh Circuit affirmed summary judgment...more
Takeaway: More class actions are filed under the Telephone Consumer Protection Act (TCPA) than any other statute, and TCPA claims often present common issues capable of class certification. But courts will not certify a...more
The Northern District of Illinois recently clarified that a “revocation class” that defines a putative class as those having made “a request to stop calling [their] number” does not satisfy Rule 23(b)(3)’s predominance...more
The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more
A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case...more
As we have noted before, whether a claimant under the Telephone Consumer Protection Act (TCPA) gave “prior express consent” to receiving communications from the defendant is frequently a critical issue (and often the only...more
A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more
From the perspective of a litigator and trial lawyer, the online lead generation supply chain gives me heartburn sometimes. The problem is one of evidence. In the world of online lead generation and digital marketing, the...more
Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more
Well now I’ve seen everything. Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point. Because...more
In what may be a TCPAland first, an artificial intelligence SMS platform powered by Watson and known as “Ivy” is being tested in a TCPA class action. Although numerous hotels are known to use Ivy, the case filed yesterday...more
CitiGroup, Inc. (“Citi”) just defeated certification in a massive class action in the consumer-friendly Northern District of Illinois in the case of Tomeo v. CitiGroup, Inc., No. 13-C-4046, 2018 U.S. Dist. LEXIS 166117 (N.D....more
TCPAland is so full of interesting little stories. I know from first hand experience that class counsel commonly use an unpleasant little clause to keep their would-be class representatives from settling cases...more
In Doyle v. Fla. Health Sol., Inc., No. 17-12231 (JMV) (MF), 2018 U.S. Dist. LEXIS 148340 (D.N.J. Aug. 29, 2018), the court had to determine – at the pleading stage – whether a pro se plaintiff who is a licensed attorney...more
Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more
I’m at a wedding. But real quick, did you see the class action denial in Khs Corp. v. Singer Fin. Corp. Case No. 16-55, 2018 U.S. Dist. LEXIS 143337 (E.D. Pa Aug. 23, 2018)? Its good stuff....more
While most Courts (properly) refuse to certify wrong number class actions in multi-source TCPA cases, at least one bank was just reminded how dangerous wrong number TCPA class actions remain. This is especially true when a...more
In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more