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Telemarketing Class Action Corporate Counsel

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Clarifies Standards for Certifying a Class and Determining Treble Damages Under TCPA

Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health...more

Goodwin

District Court Approves $14 Million Settlement Against HelloFresh in TCPA Class Action

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On October 15, 2021, Judge William G. Young of the United States District Court for the District of Massachusetts approved a $14 million settlement in a national class action lawsuit against meal-kit delivery service company,...more

Kelley Drye & Warren LLP

Seventh Circuit Reminds Insurance Policyholders to Shop Carefully for TCPA Coverage

Last week, the Seventh Circuit reminded advertisers of the narrowing availability of insurance coverage for Telephone Consumer Protection Act (TCPA) claims. In Mesa Laboratories v. Federal Insurance Co., the court rejected a...more

Kilpatrick

TCPA Class Actions - Eleventh Circuit Narrows Scope of TCPA, Splitting with Ninth Circuit

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Takeaway: The recent explosion in telemarketing calls has been driven by telephone equipment that allows companies to automatically dial a stored list of potential customers. In Glasser v. Hilton Grand Vacations Co., LLC,...more

Goodwin

Eleventh Circuit Decertifies TCPA Class on Traceability and Predominance Grounds

Goodwin on

On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more

Ballard Spahr LLP

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

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The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Seyfarth Shaw LLP

Significant TCPA Verdict Returned in Wakefield v. ViSalus, Inc.

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An Oregon federal jury reached a verdict in a Telephone Consumer Protection Act (“TCPA”) class action in April that exposes the defendant to a potential judgment in excess of $2.7 billion....more

Carlton Fields

Split Over Impact of Bristol-Myers Squibb on Class Actions Deepens

Carlton Fields on

Bakov v. Consolidated World Travel, Inc. is the latest salvo in the conflict over whether the Supreme Court’s personal jurisdiction decision in Bristol-Myers Squibb applies in the class action context. ...more

Goodwin

Northern District of Georgia Refuses to Strike TCPA Class Allegations Based on Supreme Court Ruling

Goodwin on

On October 18, 2018, the Northern District of Georgia declined to extend the Supreme Court’s holding in Bristol-Myers Squibb Co. v. Superior Court of Cal., S.F. Cty. to dismiss or to strike the class allegations in a...more

Eversheds Sutherland (US) LLP

Who’s calling? Standards for third-party liability under the TCPA

Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more

Womble Bond Dickinson

TCPA Behind the Numbers: Overall TCPA Filings are Down, But is that the Whole Story?

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TCPA filings are down significantly YTD for the second year in a row. So why doesn’t it feel that way? Read on to learn our theory below. ...more

Alston & Bird

Class Action Roundup: Spring 2018

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Welcome! The spring has sprung and we are here to round up the major class action opinions and settlements finalized during the first quarter of 2018. It was another active quarter with significant activity across all the...more

Eversheds Sutherland (US) LLP

Cutting the Cord: Can Courts Trim TCPA Statutory Damages?

Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more

Robinson+Cole Data Privacy + Security Insider

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...more

Sheppard Mullin Richter & Hampton LLP

Dish Network to Dish Out $341M for TCPA Violations

Two recent judgements against Dish Network LLC (“Dish”) for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability companies may face based on the...more

Carlton Fields

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

Carlton Fields on

A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

Miller Canfield

Sixth Circuit: Calls to Prior Customers Violates TCPA

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Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class...more

Ballard Spahr LLP

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Ballard Spahr LLP on

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

Davis Wright Tremaine LLP

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

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