News & Analysis as of

Telephone Consumer Protection Act Unsolicited Faxes Putative Class Actions

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

Seventh Circuit Throws FCC “Guidance” In Trashcan

Benesch on

When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say. Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more

Manatt, Phelps & Phillips, LLP

Missouri Federal Court Certifies Class in TCPA Fax Case

A federal court in Missouri granted class certification in a Telephone Consumer Protection Act (TCPA) action that could cost the defendant almost $4 million for allegedly sending unsolicited faxes....more

Faegre Drinker Biddle & Reath LLP

District Court Finds Seminar Invitation Faxes Are Not Advertisements

Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

Womble Bond Dickinson on

The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - April 2019

In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more

Carlton Fields

Question Of Consent Turns Putative TCPA Fax Class Action Into Junk

Carlton Fields on

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

Epiq

TCPA Case May Affect Regulatory Guidance Deference

Epiq on

An upcoming Supreme Court decision may determine if agency interpretive guidance of regulations under the Telephone Consumer Protection Act controls on issues before district courts, or whether those courts can independently...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 23, 2018

Carlton Fields on

Real Property Update - Reverse Mortgage / Statute of Limitations: as a matter of first impression, statute of limitations for enforcing reverse mortgage begins on date the note matures, notwithstanding earlier-death of...more

Jones Day

Out of State, Out of Luck: Federal Court Rejects Nationwide TCPA Class Action Claims

Jones Day on

The Situation: A federal court recently considered whether a plaintiff could maintain a nationwide Telephone Consumer Protection Act ("TCPA") class action brought on behalf of class members who did not reside in the state...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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Poised To Alter TCPA Landscape With Review Of Key Term “Advertisement”

On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more

Womble Bond Dickinson

Behind the Faxes: Sixth Circuit Holds That Plaintiff in TCPA Junk Fax Class Action Adequately Pled That Informational Fax Violated...

Womble Bond Dickinson on

Late last week, the Sixth Circuit held that a plaintiff in a junk fax class action alleged sufficient facts to establish that a fax – which was seemingly informational on its face – was nonetheless an “unsolicited...more

Womble Bond Dickinson

Walmart Pharmacy Hit with TCPA Class Action for Sending One Fax Advertisement in District Court of Kentucky

Womble Bond Dickinson on

Lifeback Recovery Center, PLLC has brought a TCPA class action complaint against Walmart Pharmacy in the Western District of Kentucky, contending it received an unsolicited fax advertisement from the pharmacy....more

Manatt, Phelps & Phillips, LLP

TCPA Class Decertified Based on Supreme Court’s Anti-Stacking Ruling

A federal district judge in the Northern District of Illinois (NDIL) decertified the class in a Telephone Consumer Protection Act (TCPA) case against Cirque du Soleil, relying on the recent Supreme Court decision in China...more

Robinson+Cole Class Actions Insider

Lack of Standing in TCPA Class Action Results in Remand to State Court, Says The Eighth Circuit

A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action....more

Manatt, Phelps & Phillips, LLP

Sixth Circuit Dismisses Defendants in Ruling on Fax ‘Senders’

The U.S. Court of Appeals, Sixth Circuit determined that Bristol-Myers Squibb and Pfizer, Inc., were not the senders of faxes pursuant to the Telephone Consumer Protection Act (TCPA), affirming dismissal of the putative class...more

Benesch

This Time, It’s Personal: TCPA Personal Jurisdiction Ruling Severely Limits Nationwide Class Actions

Benesch on

It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few. While plaintiffs’ lawyers may have...more

Manatt, Phelps & Phillips, LLP

Too Soon to Dismiss TCPA Action, Court Decides

A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute....more

Carlton Fields

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

Eversheds Sutherland (US) LLP

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

Carlton Fields

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Carlton Fields on

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

Eversheds Sutherland (US) LLP

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

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

Manatt, Phelps & Phillips, LLP

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Carlton Fields

Michigan District Court Holds TCPA “Junk Fax” Class Ascertainable, Certifies Class

Carlton Fields on

The Eastern District of Michigan recently certified a class of plaintiffs suing under the Telephone Consumer Protection Act (TCPA), rejecting the defendants’ arguments that: (1) there would be “significant issues” identifying...more

Locke Lord LLP

Illinois Supreme Court Clarifies Rules Around “Picking-Off” Named Plaintiffs in Putative Class Actions

Locke Lord LLP on

The Illinois Supreme Court issued an opinion earlier today clarifying the level of detail plaintiffs must include in a motion for class certification in order to avoid dismissal of claims as moot based on a defendant’s tender...more

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