News & Analysis as of

Telephone Consumer Protection Act Interlocutory Appeals

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Womble Bond Dickinson

Chief Judge Refuses to Dismiss TCPA Class Action Against Donald Trump Campaign

Womble Bond Dickinson on

Three individuals have sued Donald J. Trump for President, Inc. (the “Campaign”) in a class action for alleged violations of the TCPA. Pederson v. Donald J. Trump for President, Inc., No. CV 19-2735 (JRT/HB), 2020 WL 3047779...more

Polsinelli

Chirp, Buzz, Blink: How the Eleventh Circuit Brought New Life to Challenging Injury Claims in TCPA Class Actions

Polsinelli on

The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Holds That Receipt of a Single Text Does Not Satisfy Article III

The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more

Womble Bond Dickinson

Perfect Appellate Vehicle?: “Bad Reyes” TCPA Defendant Seeks Interlocutory Appeal Testing Eleventh Circuit’s...

Womble Bond Dickinson on

BCA Financial Services, Inc. filed a well-supported petition to the Eleventh Circuit today, seeking an interlocutory appeal from the district court’s order certifying the case a against it in Reyes v. BCA Fin. Servs., No....more

Womble Bond Dickinson

From Bad Reyes to Worse Reyes: Court Refuses to Certify ATDS Functionality Ruling for Interlocutory Appeal

Womble Bond Dickinson on

The Defendant in Bad Reyes is going to have to wait to appeal the court’s ruling on ATDS functionality. Recall that Estrellita Reyes v. Bca Fin. Svs. (aka “Bad Reyes“) is part III in our post-ACA Int’l ATDS functionality...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

King & Spalding

No Arbitration Of Putative TCPA Class Action As Seventh Circuit Reverses District Court

King & Spalding on

On March 22, 2018, the U.S. Court of Appeals for the Seventh Circuit, considering an interlocutory appeal, reversed a district court’s order granting a motion to compel arbitration of Telephone Consumer Protection Act...more

Pierce Atwood LLP

District of Massachusetts Grapples with Campbell-Ewald’s Unanswered Questions

Pierce Atwood LLP on

Chief Judge Saris and Judge Sorokin of the District of Massachusetts recently tackled questions left unanswered by the Supreme Court’s opinion earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)....more

Carlton Fields

…And We’re Back! Still No Resurgence of “Picking Off” After Campbell-Ewald

Carlton Fields on

Following an interlocutory appeal, in which the First Circuit ruled that a Rule 68 offer made prior to class certification did not moot the plaintiff’s claim, defendant returned to the Massachusetts district court seeking...more

Burr & Forman

New Jersey District Court Certifies Interlocutory Appeal Of Whether State Law Prohibits Maintenance Of TCPA Class Action

Burr & Forman on

Bias Yaakov of Spring Valley v. Peterson Nelnet, LLC, No. Civ. 11-00011, 2013 WL 663301 (D.N.J. Feb. 21, 2013) Pending before the court was Defendant’s Motion to Reconsider denial of its Motion to Dismiss Plaintiff’s...more

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