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Class Action Text Messages Class Certification

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

Florida Court Certifies Two Classes on Claims Under TCPA and FTSA

McGlinchey Stafford on

Recently, the Northern District of Florida certified two classes under the Telephone Consumer Protection Act (TCPA) in a matter regarding alleged telemarketing text messages. Background- In Jackson v. Athena Bitcoin, Inc.,...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Fourth Circuit Adds to TCPA Case Law at Appellate and District Court...

The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more

Womble Bond Dickinson

Does a Single Call to a Cellphone Meet the Concrete Injury Requirement? The Drazen Decision is Forthcoming

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The U.S. District Court for the Middle District of Florida recently stayed Simpson v. J.G. Wentworth Co. in light of the Eleventh Circuit's pending en banc decision in Drazen v. Pinto. Both cases involve similar Telephone...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Applies TransUnion and Vacates Class Certification

The Eleventh Circuit recently decertified a TCPA settlement class because the class definition included members who could never have Article III standing under Eleventh Circuit precedent.  Drazen v. Pinto, — F.4th –, No....more

Eversheds Sutherland (US) LLP

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 7, 2020

Carlton Fields on

Real Property Update - Fraudulent Transfer: Real property that was worth less than mortgage encumbering it was not an asset per the plain language of section 726.102(2) and, therefore, could not support fraudulent transfer...more

Epiq

Judges Are Putting TCPA Class Action Cases on the Do Not Call List

Epiq on

The Telephone Consumer Protection Act of 1991 (TCPA) is a federal statute that restricts how businesses employ telemarketing efforts, like soliciting text messages or prerecorded voice messages. The law often requires...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

Womble Bond Dickinson on

One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Holds That Receipt of a Single Text Does Not Satisfy Article III

The Eleventh Circuit recently held that receiving a single unsolicited text message does not amount to the harm required to sustain a TCPA claim. In Salcedo v. Hanna, John Salcedo brought a TCPA claim against his former...more

Barnea Jaffa Lande & Co.

Supreme Court: A Service Text Message Is Not a Violation of the Spam Law

The Supreme Court recently ruled on the issue of whether sending a text message in the course of customer service constitutes a violation of the Spam Law. The Court granted the Bezeq company’s appeal regarding the...more

Womble Bond Dickinson

Too Close for Comfort: Plaintiff's Ties to Class Counsel Leads to Denial of TCPA Class Action Certification

Womble Bond Dickinson on

Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more

Vedder Price

TCPA Case Law Review (Vol. 7)

Vedder Price on

As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more

Womble Bond Dickinson

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable...

Womble Bond Dickinson on

Well now I’ve seen everything. Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point. Because...more

Womble Bond Dickinson

Pro Se It Ain’t So: Self-Represented Attorney in Putative TCPA Class Action Found by Court Not to be Qualified to Represent Class

Womble Bond Dickinson on

In Doyle v. Fla. Health Sol., Inc., No. 17-12231 (JMV) (MF), 2018 U.S. Dist. LEXIS 148340 (D.N.J. Aug. 29, 2018), the court had to determine – at the pleading stage – whether a pro se plaintiff who is a licensed attorney...more

Vedder Price

TCPA Case Law Review (Vol. 3)

Vedder Price on

The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more

Alston & Bird

Class Action Roundup: Spring 2018

Alston & Bird on

Welcome! The spring has sprung and we are here to round up the major class action opinions and settlements finalized during the first quarter of 2018. It was another active quarter with significant activity across all the...more

Carlton Fields

Careful What You Wish For – Additional Discovery Requested By TCPA Class Plaintiff Leads To Decertification Order In Northern...

Carlton Fields on

Federal courts have a continuing obligation to ensure that class action certification remains appropriate throughout the duration of a case. Accordingly, it is well established that if class certification is later deemed...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

Goodwin

Northern District of Illinois Decertifies TCPA Class Action

Goodwin on

On February 13, 2018, the U.S. District Court for the Northern District of Illinois decertified a Telephone Consumer Protection Act (TCPA) text-message class in light of new evidence of consent obtained during the...more

Robins Kaplan LLP

Van Patten V. Vertical Fitness Is No TCPA Killer

Robins Kaplan LLP on

The rise of Telephone Consumer Protection Act litigation in the past decade has been staggering. From just 14 cases in 2007, the number of TCPA-related filings has exploded to 4,860 in 2016 — a total that is expected to...more

Robinson+Cole Data Privacy + Security Insider

Class Certification Denied in TCPA Action Against Dick’s Sporting Goods

Recently, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s)...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Campbell-Ewald Co. v. Gomez

On January 20, 2016, the Supreme Court decided Campbell-Ewald Co. v. Gomez, holding that an unaccepted offer to satisfy a named plaintiff’s individual claim does not render a case moot. The Court also held that sovereign...more

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

Robinson & Cole LLP

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

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