News & Analysis as of

Ascertainable Class Telephone Consumer Protection Act Putative Class Actions

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — September 2025

In a notable ruling for Telephone Consumer Protection Act (TCPA) litigation, the U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision to exclude a plaintiff’s expert witness and deny...more

Faegre Drinker Biddle & Reath LLP

District Court Denies Class Certification Due to Lack of Ascertainability

Recently, the Middle District of Florida denied a motion for class certification, finding that the plaintiff had not sufficiently shown that the putative classes were ascertainable. Sliwa v. Bright House Networks, LLC &...more

Seyfarth Shaw LLP

Webinar Recap! Hot Topics and Trends in California Consumer Class Actions

Seyfarth Shaw LLP on

On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

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

Carlton Fields

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

Eversheds Sutherland (US) LLP

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

Pierce Atwood LLP

Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits

Pierce Atwood LLP on

It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more

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