Class Certification, Third-Party Service Provider

Utility Provider Settles Call Recording Lawsuit for $3.7 Million

Sheppard Mullin Richter & Hampton LLP on 8/6/2019

Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers. Although Tiger hired a third party to handle its telemarketing, Tiger...more

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

Ballard Spahr LLP on 6/11/2019

The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Question Of Consent Turns Putative TCPA Fax Class Action Into Junk

Carlton Fields on 4/15/2019

A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable...

Womble Bond Dickinson on 12/7/2018

Well now I’ve seen everything. Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point. Because...more

TCPA Vicarious Liability Analysis Applies to Junk Fax Provisions, Seventh Circuit Holds

Benesch on 4/19/2016

In Bridgeview Health Care Center, Ltd. v. Jerry Clark d/b/a Affordable Digital Housing, No. 14-3728 (7th Cir. March 21, 2016), the Seventh Circuit issued a multilayered decision regarding the use of subclasses under Fed. R....more

Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties

Eversheds Sutherland (US) LLP on 3/25/2016

On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a...more