A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case...more
6/28/2019
/ Auto-Dialed Calls ,
Citibank ,
Class Action ,
Class Certification ,
Class Members ,
Debt Collection ,
Popular ,
Predominance Requirement ,
Prior Express Consent ,
Putative Class Actions ,
TCPA
A Telephone Consumer Protection Act (TCPA) plaintiff managed to survive the defendant’s motion to dismiss after the court found sufficient factual allegations in the complaint that the defendant used an automated telephone...more
The Federal Trade Commission (FTC) put an end to the litigation in the “Pointbreak Media” robocall case, an action filed by the agency in 2018 against multiple individual and corporate defendants that operated a telemarketing...more
Anti-robocall legislation continues to move forward at both the federal and state levels, with the TRACED Act easing through the U.S. Senate by an overwhelming majority and a similar bill making its way through the California...more
On June 20, the U.S. Supreme Court remanded for consideration to the U.S. Court of Appeals, Fourth Circuit two preliminary questions antecedent to the main issue of whether federal district courts must defer to the Federal...more
6/25/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated