On April 21, 2025, a Ninth Circuit en banc panel revived (by a 10-1 decision) a putative class action against Shopify, Inc. alleging violations of privacy and data rights via use of cookies. In reversing both the district...more
5/1/2025
/ Appeals ,
California ,
Class Action ,
Cookies ,
Data Collection ,
Fourth Amendment ,
Jurisdiction ,
Personal Jurisdiction ,
Popular ,
Putative Class Actions ,
Shopify ,
Web Tracking
Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more
6/2/2020
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Consent ,
Damages ,
Motion To Stay ,
Oral Argument ,
Remand ,
Revocation ,
SCOTUS ,
TCPA ,
Texting
On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more
5/2/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Clients regularly ask: If we win this putative class action, can the opposition just file another one on behalf of another as-yet-unidentified putative class representative? Until June 11, the answer was “Maybe?” Now, the...more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
Overview of the Ruling -
On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more
3/26/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Declaratory Rulings ,
FCC ,
Personal Jurisdiction ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA