News & Analysis as of

Class Action Advertising ATDS

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Amin LLP

CHEAP JEWELRY EXPENSIVE SETTLEMENT?: Zales Surrenders in $7.5MM TCPA Class Action Involving SMS Messages to DNC Numbers–and This...

Troutman Amin LLP on

Well the #biglaw surrender monkeys have struck again. This time it is Zales– the diamond store– that has face-planted in a TCPA class action as a result of big law representation. Not sure when folks are going to figure this...more

Eversheds Sutherland (US) LLP

FCC Rules on Revocation and 1:1 Consent to come into effect in early 2025

On October 11, 2024, the Federal Communications Commission (FCC) announced an effective date of April 11, 2025, for the new Telephone Consumer Protection Act (TCPA) rules on the revocation of consent. Companies that call or...more

Neal, Gerber & Eisenberg LLP

Client Alert: The Future of Text Message Marketing

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common.  Indeed, text messages have a read rate of about 98%, and...more

Vedder Price

TCPA Case Law Review (Vol. 9): How are there still this many TCPA cases?

Vedder Price on

The volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA...more

Vedder Price

TCPA Case Law Review (Vol. 8)

Vedder Price on

Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

Womble Bond Dickinson

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires...

Womble Bond Dickinson on

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - Organic, Sure, but Don’t Be All Superior About It - Infrared Protection Claims Rub NAD the Wrong Way - Cali Sets the Pace Again With New Internet of Things Security Bill - Dunkin’ Stampedes Angus Steak Class...more

Womble Bond Dickinson

A Primary Jurisdiction Nightcap: Primary Jurisdiction Also Applies to Fact-Specific Statutory Interpretation

Womble Bond Dickinson on

As you all know, the primary jurisdiction doctrine and its importance as a defendant’s potentially crucial companion on a journey through TCPAland has been covered here before, but that importance was again on full display in...more

Vedder Price

TCPA Case Law Review (Vol. 4)

Vedder Price on

If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - PopSugar Earns the Ire of Two New Fashionistas - Trader Joe’s Alkaline Water Gets the Class Action Hose - Freeze! Drop That Voicemail! - IAB Blockchain Group Helps Technology Come of Age - Six-Year...more

Womble Bond Dickinson

A Bridge to Somewhere: Primary Jurisdiction Doctrine Applicable in TCPA Fax Cases and ATDS Suits Alike

Womble Bond Dickinson on

The primary jurisdiction doctrine Eric wrote about a mere few weeks ago was on full display in a recent ruling granting a motion to stay in a junk-fax TCPA class action. In Scoma Chiropractic, P.A., et al v. Dental...more

Carlton Fields

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Carlton Fields on

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

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