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Telephone Consumer Protection Act › Unsolicited Faxes › Mootness

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Manatt, Phelps & Phillips, LLP

Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

Manatt, Phelps & Phillips, LLP on

Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of...more

Womble Bond Dickinson

Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be...

Womble Bond Dickinson on

Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2017

Manatt, Phelps & Phillips, LLP on

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

Dorsey & Whitney LLP

“Junk Fax” Case Determined Not To Make Junk Law, Strengthens Post-Spokeo Standing and Rule 67 Mootness Arguments

Dorsey & Whitney LLP on

In a world pushed forward by new technology, it’s a “junk fax” case that advances two case dispositive TCPA defense bar arguments: (1) a plaintiff lacks Article III standing post-Spokeo unless there is a sufficient...more

Robinson+Cole Class Actions Insider

Offers of Judgment in Class Actions: First Circuit Suggests Sending a Bank Check

Robinson+Cole Class Actions Insider on

There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more

Pierce Atwood LLP

First Circuit Weighs In On Rule 68 Mootness Issue

Pierce Atwood LLP on

In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

Seyfarth Shaw LLP

Whither Mootness? The Seventh Circuit Reverses Itself

Seyfarth Shaw LLP on

Defendants fighting class actions in the Seventh Circuit may have one less tool in their arsenal following the recent ruling in Chapman v. First Index, Inc., No. 14-2773, 2015 WL 4652878 (7th Cir. Aug. 6, 2015), a putative...more

Goodwin

Seventh Circuit Aligns with Ninth and Second Ahead of SCOTUS Decision in Campbell-Ewald

Goodwin on

Last week, the Seventh Circuit reversed its prior circuit precedent regarding whether a Rule 68 offer of judgment moots a case. In Chapman v. First Index, Inc., the Seventh Circuit considered the question of mootness as well...more

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