The Eleventh Circuit recently decertified a TCPA settlement class because the class definition included members who could never have Article III standing under Eleventh Circuit precedent. Drazen v. Pinto, — F.4th –, No....more
The District of Connecticut recently dismissed a TCPA action against the Subway Franchisee Advertising Fund Trust (“Subway”) because plaintiff failed to allege that Subway used an ATDS to send text messages to her cell...more
The Central District of California recently decertified a class of TCPA plaintiffs because consent issues were so individualized that the plaintiffs could not satisfy the predominance requirement. Trenz v. On-Line...more
The Western District of Oklahoma recently granted a plaintiff’s motion for summary judgment against NorthStar Alarm Services, LLC (“NorthStar”) in a certified class action. The court held, in part, that NorthStar was...more
The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more
7/24/2019
/ Class Action ,
Class Certification ,
Decertify ,
FCC ,
Jury Verdicts ,
Post Trial Motions ,
Prior Express Consent ,
Retroactive Waiver ,
Statutory Damages ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Treble Damages ,
Unsolicited Phone Calls ,
Written Consent