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The Eastern District of New York Holds that Spending a “Sizeable Minority of Time” at Your Mother’s House Does not Make You a...

Bank v. ICOT Holdings, LLC, 18-cv-02554 (AMD) (PK), 2024 WL 278460 (E.D.N.Y. Jan. 25, 2024) - Pro se Plaintiff, an attorney, filed a class action lawsuit alleging that two calls he answered at his mother’s house...more

Eleventh Circuit Vacates TCPA Class Settlement for Lack of Standing, Suggesting Reconsideration of Glasser v. Hilton Grand...

Drazen v. GoDaddy.com, LLC, No. 21-10199 (11th Cir. July 27, 2022) Plaintiffs’ Claims and Allegations - Plaintiff’s claims, and those advanced in two separately filed class action lawsuits alleging violation of the...more

Eighth Circuit Holds Deficient Fax Opt-Out Notice Does Create Case or Controversy

St. Louis Heart Center, Inc. v. Nomax, Inc., No. 19-1794, 2018 WL 3719694 (8th Cir. Aug. 6, 2018) - Plaintiff filed a class action lawsuit in state court, alleging Defendant sent it 12 fax advertisements without including...more

New Jersey Court Holds Text Revocation Must Follow Directions

Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016) Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more

California Court Strikes Fail-Safe TCPA Class Definition

Dixon v. Monterey Fin. Services, Inc., No. 15-cv-03298 (N.D. Cal. Aug. 22, 2016) - At issue before the Court was Plaintiff’s Amended Complaint, and Defendant’s second motion to strike class definition as a fail-safe...more

Supreme Court Rules in Spokeo, Requiring “Concrete and Particularized Harm” For Standing

In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding...more

Supreme Court Holds Offer of Settlement/Judgment Does Not Moot Claims Under Certain Circumstances

Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 WL 228345 (U.S. Jan. 20, 2016) In a much anticipated decision, a majority of the United States Supreme Court held that unaccepted offers of full judgment and settlement do...more

Florida District Court Dismisses Class Action Complaint Against Tampa Bay Buccaneers Due Rule 68 Offer Of Judgment

Jeffrey M. Stein, D.D.S., M.S.D., P.A., et al. v. Buccaneers Limited Partnership, No. 8:13-cv-02136-SDM-AEP (Oct. 24, 2013). Three dentists, a pest control service and two other alleged recipients of unsolicited faxes...more

Seventh Circuit Affirms Class Action Holding Fax Was Advertisement

A class action complaint was filed against Defendant who sent 8,430 faxes to more than 200 people containing business advise. The trial court granted judgment against Defendant in the amount of $4,215,000, which Defendant...more

Northern District Of Illinois Dismisses Class Action Complaint, Characterizing It As Much Ado About Nothing

After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more

Eastern District Of New York Holds State Statute Prohibits TCPA Class Actions

Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more

5/7/2013  /  Class Action , TCPA

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

New Jersey District Court Certifies Interlocutory Appeal Of Whether State Law Prohibits Maintenance Of TCPA Class Action

Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant’s Motion to Reconsider denial of its Motion to Dismiss Plaintiff’s...more

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