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Class Action › Telecommunications › Predominance Requirement

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.
Kilpatrick

TCPA class actions – unpublished Third Circuit decision illustrates use of consent defense to defeat predominance requirement for...

Kilpatrick on

Takeaway: Congress passed the Telephone Consumer Protection Act (TCPA) in 1991 to address an increase in abusive and unwanted telemarketing practices. For the first few decades of the TCPA’s existence, courts construed the...more

Carlton Fields

No Speaking? No Standing!

Carlton Fields on

On November 15, the Eleventh Circuit decided Cordoba v. DirecTV, LLC, further exploring the issue of when class actions achieve Article III standing. The plaintiffs alleged that DirecTV and the company with which it...more

Carlton Fields

Question Of Consent Turns Putative TCPA Fax Class Action Into Junk

Carlton Fields on

A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more

Womble Bond Dickinson

Predominance Dominance: Certification Denied in TCPA Fax Case Owing to Diverse Issues of Consent

Womble Bond Dickinson on

I’m at a wedding. But real quick, did you see the class action denial in Khs Corp. v. Singer Fin. Corp. Case No. 16-55, 2018 U.S. Dist. LEXIS 143337 (E.D. Pa Aug. 23, 2018)? Its good stuff....more

Troutman Pepper Locke

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

Troutman Pepper Locke on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

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