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Telephone Consumer Protection Act › Unsolicited Faxes › Right to Privacy

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

Missouri Federal Court Certifies Class in TCPA Fax Case

Manatt, Phelps & Phillips, LLP on

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

Robinson+Cole Data Privacy + Security Insider

Pharmacy settles TCPA class action for $15 million for unsolicited fax ads

Robinson+Cole Data Privacy + Security Insider on

PharMerica settled a Telephone Consumer Protection Act (TCPA) class action initiated by a group of nursing homes over allegations that the pharmacy inundated the nursing homes with unsolicited fax advertisements in violation...more

Carlton Fields

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

Carlton Fields on

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

Seyfarth Shaw LLP

Too Little, Too Late: Eleventh Circuit Rejects Multiple Bites At The Apple For Class Claims

Seyfarth Shaw LLP on

Defendants can add a new decision to their arsenal for defending against multiple proposed class actions on the same claims. The Eleventh Circuit recently issued a decision in Ewing Industries Corporation v. Bob Wines...more

Bradley Arant Boult Cummings LLP

More Challenges to the FCC’S TCPA Declaratory Rulings and E-Faxes Covered Under the TCPA

Bradley Arant Boult Cummings LLP on

The FCC’s pro-consumer July 10, 2015 Declaratory Ruling and Order creates new and increased TCPA compliance and litigation challenges for businesses. ACA International previously filed a lawsuit seeking judicial review of the...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

BakerHostetler

Judge Easterbrook Holds Unaccepted Offer of Judgment Does Not Moot an Individual TCPA Claim

BakerHostetler on

As we covered here, the U.S. Supreme Court accepted certiorari in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), to decide the question of whether a full-relief offer of judgment under Federal Rule of Civil...more

Carlton Fields

Wait A Minute, Mr. Postman: Tenth Circuit Applies Statutory-Violation Exclusion To Junk Fax Claims That Try To Skirt The TCPA

Carlton Fields on

Enacted in 1991, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), inaugurated the era of “junk fax” class actions, in which recipients of mass fax advertisements may pursue statutory damages of $500 per class...more

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