The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
In earlier posts, we’ve discussed a hotly debated topic in class-action law: ascertainability. One of those posts described a case where a procedural hiccup denied the North Carolina Supreme Court a chance to address this...more
Hi TCPAWorld! It seems that at the same time students are out of school for a break, motions for class certification are denied. Such is the case for the plaintiff in Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., 2025 WL...more
Takeway: Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue. When it comes to consumer fraud statutes, however, consumer...more
Hi TCPAWorld! Defendant just scored a huge victory with a Court affirming a denial of class certification in their lawsuit. In Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., 2025 WL 3565507 (E.D. PA Dec 12, 2025),...more
Hi TCPAWorld! Lei here with my first blog! And it’s regarding a huge ruling out of the Eastern District of Missouri yesterday, December 9, 2025, in Saggio & Furr v. Medicredit, Inc.—a putative TCPA class action....more
Highlights from this issue include: Class Action Fairness Act Jurisdiction. The Ninth Circuit held that a plaintiff’s decision to remove class allegations after a case is removed from state court to federal court deprives the...more
A common TCPA issue when state Mini-TCPA statutes are involved is determining who is subject to the state laws given that cell phone users might use area codes for a state but not live in that state....more
In a notable ruling for Telephone Consumer Protection Act (TCPA) litigation, the U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision to exclude a plaintiff’s expert witness and deny...more
The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more
We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more
Takeaway: The Sixth Circuit recently emphasized how demanding Rule 23’s commonality requirement can be. In In re Nissan North America, Inc. Litigation, --- F.4th ----, No. 23-5950, 2024 WL 4864339 (6th Cir. Nov. 22, 2024),...more
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more
Standing. The D.C. Circuit held that plaintiffs do not have Article III standing to appeal an adverse class certification decision after those individual plaintiffs prevail in their individual suit....more
In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more
On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more
Life has its disappointments. Sometimes, you think you’ve won a free car, but it turns out that you’ve won only a couple of dollars. And sometimes, you think that an appellate court will clarify a thorny issue of class-action...more
Highlights from this issue include: Ascertainability. The Fourth Circuit reiterated that it imposes an implicit “ascertainability” requirement pursuant to which a class cannot be certified unless a court can readily identify...more
A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition...more
In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more
The Superior Court of New Jersey, Appellate Division in Jennifer Woo-Padva v. Midland Funding, LLC, recently affirmed the dismissal of consumer fraud claims brought against a debt collector pursuant to the New Jersey Consumer...more
Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more
Several appellate decisions addressed the “implicit” class action requirement of ascertainability during the second quarter of 2023, with the Third, Tenth and D.C. Circuits weighing in. Meanwhile, the Fifth Circuit maintained...more
Ascertainability. The Tenth Circuit affirmed it treated ascertainability as a sub-requirement of numerosity, not a standalone criteria. The Tenth Circuit affirmed the denial of certification of a class of college students who...more
On January 20, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed the district court’s decision to certify a class under Title II of the Americans With Disabilities Act (“ADA”), which prohibits public entities...more
Rule 23 does not explicitly require that a court be able to determine who the members are before certifying a class. But judges have found implicit in the Rule a requirement that membership in a defined class be...more