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Class Action › Litigation Strategies › Telephone Consumer Protection Act

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Klein Moynihan Turco LLP

Surge in TCPA Quiet Time Litigation

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Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

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The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

Shipkevich PLLC

TCPA Litigation Update: Virginia, Texas, and Nevada Federal Courts Toss TCPA Lawsuits Over Lack of Clear Defendant Ties

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Federal district courts in Virginia, Texas, and Nevada have recently dismissed a series of lawsuits brought under the Telephone Consumer Protection Act (TCPA), finding that plaintiffs failed to show how the defendants were...more

Faegre Drinker Biddle & Reath LLP

District of Arizona Denies Certification of Claims Against Defendant That Had Defaulted

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A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more

Klein Moynihan Turco LLP

Act Quickly After Receiving a TCPA Subpoena

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The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more

Faegre Drinker Biddle & Reath LLP

Python Bites Back: Counterclaims Based on Alleged Consent Survive Plaintiff’s Motion to Dismiss

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TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more

Robinson+Cole Class Actions Insider

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive...

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When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more

Bilzin Sumberg

With Consumer Protection Class Actions On the Rise, Is the Financial Services Industry in the Crosshairs?

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Lawyers or business people who feel they have been hearing about a lot more consumer protection class actions lately have good reason for that feeling. A recent report by Lex Machina, part of LexisNexis, highlights an...more

Foley & Lardner LLP

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

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Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more

Carlton Fields

The 2017 Carlton Fields Class Action Survey

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The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

Carlton Fields

Courts Reject Attempts to Pick Off Named Plaintiffs Via Offers Of Judgment

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Following the Supreme Court’s 2012 recognition of concurrent federal and state jurisdiction over Telephone Consumer Protection Act (“TCPA”) class actions in Mims v. Arrow Financial Services, federal courts have issued...more

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