News & Analysis as of

Telephone Consumer Protection Act Settlement Text Messages

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Robinson+Cole Class Actions Insider

Eleventh Circuit Provides New Guidance on Class Action Settlements

Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Womble Bond Dickinson

Does a Single Call to a Cellphone Meet the Concrete Injury Requirement? The Drazen Decision is Forthcoming

Womble Bond Dickinson on

The U.S. District Court for the Middle District of Florida recently stayed Simpson v. J.G. Wentworth Co. in light of the Eleventh Circuit's pending en banc decision in Drazen v. Pinto. Both cases involve similar Telephone...more

Eversheds Sutherland (US) LLP

TCPA industry focus - Energy and utility industry

Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more

Baker Donelson

STOP: Text Message Lessons from the Outcome Health Settlement (April 2018)

Baker Donelson on

Outcome Health has agreed to settle a class action lawsuit for $2.9 million for alleged violations of the Telephone Consumer Protection Act (TCPA) arising from the transmission of automated text messages to users who had...more

Robinson+Cole Data Privacy + Security Insider

Outcome Health Settles TCPA Class Action Suit

Ever notice the flatscreen TVs and tablets in your doctor’s office that run different health related and wellness stories? Many of them are provided to the providers by Outcome Health, which installs free TVs and tablets in...more

Manatt, Phelps & Phillips, LLP

Eight-Figure Settlements Continue for TCPA Disputes

Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement....more

Seyfarth Shaw LLP

Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more

Robinson+Cole Data Privacy + Security Insider

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more

Robinson+Cole Data Privacy + Security Insider

US Coachways Settles TCPA Class Action for $49.9 Million

Recently, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - December 2015

SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule - On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more

Manatt, Phelps & Phillips, LLP

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Carlton Fields

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

Carlton Fields on

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

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