Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more
The Northern District of Texas recently dismissed a TCPA claim because “the Complaint nowhere alleges that he was called or texted using an ATDS.” The Court’s opinion emphasized that simply asserting that “the text messages...more
The Northern District of Illinois recently entered summary judgment against a group of plaintiffs because it found the system at issue was not an ATDS.
In Smith v. Premier Dermatology, No. 17-3712, 2019 WL 4261245 (N.D....more
10/3/2019
/ ATDS ,
Auto-Dialed Calls ,
Motion for Summary Judgment ,
Prior Express Consent ,
Putative Class Actions ,
Robocalling ,
Statutory Interpretation ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
In E&G, Inc. v. Mount Vernon Mills, Inc., No. 17-0218, 2019 WL 4032951 (D.S.C. Aug. 22, 2019), the District of South Carolina denied class certification because individualized issues—specifically, whether recipients had...more
In a unanimous decision earlier this month, the Ninth Circuit ruled that a provision in Montana’s Robocall Statute restricting political messages was unconstitutional. In doing so, the court overturned a district court ruling...more
In Golan v. FreeEats.com, Inc., No. 17-3156 (8th Cir. July 16, 2019), the Eighth Circuit affirmed a trial court’s radical, post-trial reduction of damages in a TCPA case.
Although the trial court originally awarded the...more
The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the defendants failed to show that the plaintiff had agreed to arbitrate the dispute when...more
7/16/2019
/ Arbitration ,
Clickwrap Agreements ,
Consumer Contracts ,
Contract Terms ,
Hybrid Contract ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Telemarketing ,
Terms and Conditions ,
Terms of Service ,
Websites
Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply Pro Sorbents, LLC v. RingCentral, Inc., No. 18-1381, 2019 WL 1959304 (U.S....more
In a recent Northern District of Illinois case, a plaintiff’s TCPA claim was dismissed after the court found that the complaint did not contain sufficient facts to plausibly allege the defendant had used an ATDS. See Bader v....more
For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader discovery requests, and to more quickly aggregate statutory damages. And many...more
The Lede -
As Congress appreciated when it enacted the Class Action Fairness Act of 2005 (CAFA), large, multistate class actions are better suited for federal courts, not state ones. Following that logic, the Supreme Court...more
5/30/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party