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U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class...

Action Item: The U.S. Supreme Court clarifies the split among the circuits and holds that an unaccepted Federal Rule of Civil Procedure 68 offer and unaccepted settlement offer neither moots an individual or class claim. But...more

U.S. Third Circuit Court of Appeals Broadens Standing under the Telephone Consumer Protection Act

Action Item: Lenders and servicers should continue to evaluate whether their policies and procedures may result in claims being brought under the Telephone Consumer Protection Act (“TCPA”), including claims brought by parties...more

Ninth Circuit Holds that Putative TCPA Class Action Is Not Subject to Arbitration Clause in Shrinkwrap Contract

The Ninth Circuit recently held that a putative class action asserting violations of the federal Telephone Consumer Protection Act (“TCPA”) was not subject to arbitration because the representative plaintiff was unaware of...more

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