News & Analysis as of

Class Certification Robocalling Telemarketing

Faegre Drinker Biddle & Reath LLP

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

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

Faegre Drinker Biddle & Reath LLP

Inherently Individualized Issues of Fact Cause Court to Deny Dismissal and Certification in Case Targeting Health Care Calls

Depending on whether you’re a glass-half-full or glass-half-empty kind of person, plaintiff and defendant both won or both lost when a judge in the Northern District of Illinois recently denied in one fell swoop both the...more

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

Troutman Pepper Locke on

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

Hudson Cook, LLP

Can a Serial TCPA Plaintiff Represent a Class?

Hudson Cook, LLP on

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

Benesch

Point of Sale Newsletter - January 2020

Benesch on

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

Faegre Drinker Biddle & Reath LLP

Court Finds That Some Soundboard Calls Can Qualify As “Prerecorded Voice” Calls, At Least When They Do Not “Interact With the...

As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more

Womble Bond Dickinson

Fourth Circuit Court of Appeal Affirms $61,000,000 TCPA Judgement Against Dish Network

Womble Bond Dickinson on

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

Vedder Price

TCPA Case Law Update (Vol. 2)

Vedder Price on

In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more

Robins Kaplan LLP

Van Patten V. Vertical Fitness Is No TCPA Killer

Robins Kaplan LLP on

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

Perkins Coie

Avoid a Class Action Lawsuit Landing in Your Holiday Stocking

Perkins Coie on

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

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