Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection
Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar
Feeling the Heat: Strategies to Keep Cool Under California's Consumers Legal Remedies Act — The Consumer Finance Podcast
(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
Consumer Finance Monitor Podcast Episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void - Part 2
Consumer Finance Monitor Podcast Episode: Private Civil Consumer Financial Services Litigation to Partially Fill CFPB Void - Part 1
The Litigation Landscape Explained
(Podcast) The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
5 Key Takeaways | State Sales Tax in 2024: What Every Retailer Needs to Know
Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
Mass Torts vs. Class Actions: A Tale of Two Strategies
Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal
JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead
Entertainment Law Update Episode 160 – August/September 2023
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more
Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more
WebRecon’s latest June 2025 report continues to reveal a general rise in the consumer complaint and litigation landscape based on year-to-date (YTD) figures. Since May 2025, Telephone Consumer Protection Act (TCPA) litigation...more
A window washing company in Chicago is caught in a TCPA class action arising out of their apparent use of prerecorded calls to contact consumers. In Bulgart v. Prime Time Window Cleaning, 2025 WL 1899536 (N.D. Ill. July 9,...more
Au Fond. Do you folks know this lovely phrase? Here I–Mr. Highly Selective Dictionary for the Extraordinarily Literate memorizer– thought I knew it all. And yet the Czar just learned something mysterious and lovely that has...more
Repeat after me: Hire Big Law. Expect a Big Loss. At least in TCPAWorld. Here is ANOTHER example. In Duke v. American Express, 2025 WL 1918643 (D. Az. July 12, 2025) American Express was just needlessly required to produce...more
SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more
The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more
The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more
In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more
On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more
On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA)....more
Honeypots. Tens (hundreds?) of thousands of phone numbers owned by a single corporate subscriber. They exist merely to monitor and track calling patterns. No one is using these phones. They are monitored autonomously for a...more
The TCPA’s ban on “prerecorded or artificial” voice calls has often been applied to prerecorded or artificially-generated voicemails. Remains unclear to me whether that is the proper application of the statute– the TCPA...more
Interesting little case for you folks today. Any time you are in a TCPA class action that involves multiple parties– such as when a lead seller makes calls and then transfers the calls to a buyer who is subsequently sued– the...more
So just last week I reported on a new suit against ETN America and its CEO Well today the company issue a press release to reassure folks in the lead gen space. Pretty good move if you ask me. Content of press release is...more
For anyone wondering what the cost of TCPA class action defense looks like when you retain #biglaw, buckle up because I have a fantastic story for you. A while back a guy named Brian Trenz sued Volkswagen in a TCPA class...more
Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...more
We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more
Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more
The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more
Federal district courts in Virginia, Texas, and Nevada have recently dismissed a series of lawsuits brought under the Telephone Consumer Protection Act (TCPA), finding that plaintiffs failed to show how the defendants were...more
A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more
TCPA defendants often assert, in either a motion to dismiss or answer (or both), that a plaintiff gave prior express consent to receive the calls or text messages at issue. But it is the exceptional case where a defendant...more