News & Analysis as of

Second Circuit: TCPA Class Actions Permitted in New York Federal Courts

A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case...more

District Court Denies Class Certification For Text Message Recipients Where Issue of Consent Predominate

The United States District Court for the Northern District of California recently denied class certification for plaintiffs alleging a claim under the Telephone Consumer Protection Act (TCPA). ...more

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more

Advertising News & Analysis - October 10, 2013

In this issue: - October 16 is Coming…Is Your Company Ready? - Are Disclaimers a Dying Breed? - It Just Got Easier to Do the Right Thing, in Maine at Least - No Matter Who’s Watching, Some Ads Just...more

Are You Ready For The New TCPA Regulations Regarding Text/SMS Marketing That Go Into Effect On October 16, 2013?

On October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written...more

Class Action “Buy-Off” Settlement Offer Ends Florida Federal Case Because Plaintiff Had Not Yet Filed for Class Certification

Plaintiff received multiple unwanted texts generated by the automatic telephone dialing system of Defendants. Plaintiff filed a class action complaint alleging violations of the Telephone Consumer Protection Act (“TCPA”),...more

Federal District Court Holds Phone Number Provided In Online Account Information Is Consent To Receive Text Messages

On May 30, the U.S. District Court for the Northern District of California held that a user of an online service consented to receiving text messages from that service by including his mobile number in his online account...more

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the "fax blast"...more

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast”...more

Spam Text Class Action Certified

If your organization sends text message advertisements, a recent order by the U.S. District Court for the Western District of Washington will be of interest to you. The judge certified two classes of plaintiffs in an action...more

FCC Rules that Opt-Out Confirmation Text Messages Do Not Violate the TCPA

Waves of class actions have recently alleged that the delivery of an opt-out confirmation text message violates the Telephone Consumer Protection Act (“TCPA”). Thus, a Federal Communications Commission (“Commission”)...more

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