News & Analysis as of

Class Action Telephone Consumer Protection Act Motion to Compel

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.
McGlinchey Stafford

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on

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

Troutman Amin LLP

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

Troutman Amin LLP on

I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

Benesch

Don’t Hide Your Hyperlinks: (Successfully) Using Arbitration Agreements to Avoid Class Litigation

Benesch on

In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more

King & Spalding

Two Circuit Courts Decline to Compel Arbitration in TCPA Class Actions, Holding That the Federal Policy to Broadly Construe...

King & Spalding on

Two recent opinions by the Ninth and Second Circuits illustrate that challenges to the enforceability of arbitration agreements have not been dampened by a string of pro-arbitration Supreme Court rulings in the last decade. ...more

Womble Bond Dickinson

One Star Rating: Court Denies Uber’s Motion to Compel Arbitration after Failing to Authenticate Agreement

Womble Bond Dickinson on

A District Court in California denied Uber’s motion to arbitrate a TCPA class action claim after the ride-sharing company failed to authenticate the information from its database that allegedly confirmed the arbitration...more

Womble Bond Dickinson

This is How It Is in TCPAland: Class Counsel Moves to Strike Defendant’s Consent Defense for Seeking One Week Extension to Redact...

Womble Bond Dickinson on

Lest anyone think TCPAland isn’t fraught with peril for unwary defendants, let me tell you a quick tale. Citibank is facing TCPA class litigation in the Northern District of California–yes the same Citibank that so...more

Womble Bond Dickinson

Class Discovery Nightmare: Court Orders Defendant to Turn Itself Inside Out to Provide Account-Level Data in TCPA Class Action

Womble Bond Dickinson on

Hi everyone! Well, I’m sure you’ve heard the good news from the Czar by now, and we’re all very excited here at TCPAland. Boy what a celebration I had when I found out. I put the kids the bed, had a glass of champs with my...more

Womble Bond Dickinson

Not Proportional: Plaintiff’s Demand for TCPA Class Data that Did not Match Proposed Class Definition Denied by Magistrate Judge

Womble Bond Dickinson on

One of last year’s worst TCPA cases was Meredith v. United Collection Bureau, Inc., 2017 WL 1355696, at *2 (N.D.Ohio, 2017) where a magistrate compelled production of wrong number class data and forced a defendant to bear the...more

Polsinelli

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

Polsinelli on

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Carlton Fields

Circuit Court Gives Red Light to TruGreen’s Motion to Compel Arbitration

Carlton Fields on

The Sixth Circuit recently reversed a decision by the District Court for the Western District of Tennessee ordering arbitration in a putative class action lawsuit. Plaintiff brought a lawsuit against her lawn care services...more

Burr & Forman

Tennessee District Court Denies Husband and Wife's Request for TCPA Class Certification on Alleged Calls to Collect Debt on...

Burr & Forman on

Drozdowski v. Citibank, Inc., 2:15-cv-02786-STA-cgc (Aug. 31, 2016) Husband and wife Plaintiffs filed a class action lawsuit against Defendant regarding calls allegedly made to Plaintiffs’ cell phones to collect debt...more

Proskauer - New Media & Technology

Browsewrap Agreement Held Unenforceable – Website Designers Take Note!

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be unenforceable because the hyperlink to the terms was “sandwiched” between two...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide