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Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
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TCPA litigation, like spring flowers, is in full bloom this season. Over the past several months, major decisions have come down related to the FCC’s one-to-one consent rule (which we covered in our last update) as well as...more
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
In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more
On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more
The TCPA has long been a breeding ground for innovative and aggressive plaintiffs and the attorneys who represent them. A recent federal district court decision highlights an important limitation on claims under the...more
The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more
The Tenth Circuit kicked off the holiday season with a little TCPA humor. In Rivera v. Exeter Finance Corp., No. 20-1031, 2020 WL 6844032, at *1 (10th Cir. Nov. 23, 2020), the Tenth Circuit Court of Appeals was confronted...more
The Tenth Circuit recently confirmed in a Telephone Consumer Protection Act class action that a plaintiff has to provide more than a list of potential plaintiffs’ names to certify a class....more
Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more
Financial Services Update - TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more
The Northern District of Illinois recently clarified that a “revocation class” that defines a putative class as those having made “a request to stop calling [their] number” does not satisfy Rule 23(b)(3)’s predominance...more
On May 30, 2019, the Fourth Circuit affirmed a $61,000,000 classwide judgment against Dish Network based on violations of the TCPA’s National Do Not Call Registry (“DNC”) rules committed by Dish’s outside agent Satellite...more
As we have noted before, whether a claimant under the Telephone Consumer Protection Act (TCPA) gave “prior express consent” to receiving communications from the defendant is frequently a critical issue (and often the only...more
Just a few days ago, Judge William F. Jung of the Middle District of Florida denied certification in a wrong-number TCPA class action, and tore to shreds the most common methodologies proposed by plaintiffs to ascertain wrong...more
Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more
The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more
As we covered here, the U.S. Supreme Court accepted certiorari in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), to decide the question of whether a full-relief offer of judgment under Federal Rule of Civil...more
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more
The holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers. However, brands that market or...more
The United States District Court for the Northern District of California recently denied class certification for plaintiffs alleging a claim under the Telephone Consumer Protection Act (TCPA). ...more