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Class Representatives Unsolicited Faxes

Womble Bond Dickinson

TCPA Taking its Toll: Third Circuit Court of Appeal Rejects Tolling of TCPA Claims in favor of Plaintiff that Served as Class...

Womble Bond Dickinson on

The TCPA legal doctrine atom smasher continues to, well, smash atoms. Earlier today we learned a bit about Article III standing of class representatives from a TCPA case, and now the wide world gets to learn about the...more

Womble Bond Dickinson

Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be...

Womble Bond Dickinson on

Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has...more

Womble Bond Dickinson

Real Plaintiffs’ TCPA Lawyers of Florida: Brawl Between Two Law Firms Over a Class Settlement with the Tampa Bay Bucs Proves a...

Womble Bond Dickinson on

Sit back and grab your popcorn. I’m about to tell you about a recent ruling involving a fight over a class settlement with the Tampa Bay Buccaneers in a junk fax TCPA class action. While this story might sound like it’s...more

Benesch

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

Benesch on

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

Eversheds Sutherland (US) LLP

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

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

Goodwin

11th Circuit Declines to Follow the Pack on “No Piggybacking” Rule

Goodwin on

On August 3, 2015, the 11th Circuit held in Ewing Industries Corp. v. Bob Wines Nursery, Inc., No. 14-13842, 2015 WL 4605234 (11th Cir. Aug. 3, 2015) that the pendency of a purported class action does not toll the limitations...more

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