Latest Posts › Class Action

Share:

Telephone and Texting Compliance News: Litigation Update — One-to-One Consent Eleventh Circuit Challenge Dead

One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more

Session-Replay Class Action Tossed by the Eighth Circuit

Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more

Telephone and Texting Compliance News: Litigation Update — Eyes on Appeals: Fourth Circuit May Weigh In on E-SIGN Act; Stay...

Fourth Circuit Potentially Weighing In on E-SIGN Act - As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more

Telephone and Texting Compliance News: Litigation Update — Florida Federal Court Upholds Prior Express Invitation and Draws...

In a significant new decision, a federal court in Florida dismissed a class action in Harrell v. Aquion, Inc., Home Depot U.S.A., Inc., and A&B Marketing, Inc., 2024 WL 4188389 (M.D. Fla. Sept. 13, 2024), holding that a...more

Telephone and Texting Compliance News — September 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we discuss a...more

Telephone and Texting Compliance News: Litigation Update — Fourth Circuit Adds to TCPA Case Law at Appellate and District Court...

The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Telephone and Texting Compliance News: Litigation Update — FTSA Roundup: A Defendant-Friendly Start to 2024

The last month has brought several noteworthy decisions helpful for defendants facing class actions brought under the Florida Telephone Solicitation Act (FTSA). Issues include the enforcement of arbitration agreements,...more

Telephone and Texting Compliance News: Litigation Update — Amerifactors Alive and Well in the Ninth Circuit; Trim v. Reward Zone’s...

Despite changes in technology, fax-based TCPA class actions and related jurisprudence continue to march on. And just last month, the US Court of Appeals for the Ninth Circuit issued a gem of a decision (albeit unpublished)...more

TCPA Class Action Update: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to...

In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...more

TCPA Class Action Update – January 2019

The Carrier with Better Record-Keeping Practices Than the Insured Wins a Significant TCPA Insurance Coverage Dispute - Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its...more

TCPA Class Action Update – December 2018

Spotlight on Consent: Individualized Questions of Consent Preclude Class Certification - Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should...more

Monthly TCPA Digest - July 2018

Part I – TCPA: Regulatory Update - FCC Evaluates Comments Received in Several TCPA Proceedings - The Federal Communications Commission (“FCC” or “Commission”) is busy evaluating scores of comments and reply comments it...more

Monthly TCPA Digest - April 2018

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a recent Illinois federal court ruling...more

Monthly TCPA Digest - February 2018

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...more

Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Monthly TCPA Digest - January 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

False Labeling Lawsuits Get Hung Up On Faulty Damages Models

Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which...more

Part II - TCPA: Litigation - “But it’s an email!” — Potential Defense to TCPA Fax Blast Class Actions

A traditional fax machine is more and more giving way to email “desktop faxing” or efaxing. We know the TCPA covers the former, but does it also cover the latter? Understanding the subtle distinctions to this question and its...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide