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Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes. True Health Chiropractic sued McKesson Corp. for violating the...more

First FTSA Class Action Settlement Seeks Approval

What is believed to be the first settlement under Florida’s mini-Telephone Consumer Protection Act (TCPA) law is seeking judicial approval for a payout of more than $2.5 million....more

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more

Business or Residential? Question Defeats Class Certification in Oregon

Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate...more

Good News on PPP Lender Liability for Agent Fees: What You Need to Know

A panel of judges has now made it far more likely that a recent wave of class action litigation will be resolved without huge litigation costs for lenders. In this post, we explain why....more

Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more

Court Rejects Plaintiff’s Efforts to Expand Discovery Beyond Fax

Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received...more

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more

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