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Consumer Protection Laws Litigation Strategies

Klein Moynihan Turco LLP

Court Upholds TCPA Prerecorded Voice Claims

On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more

IMS Legal Strategies

The Value of Consumer Surveys in Class Action Cases

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As savvy plaintiffs and defendants know, the viability of class actions relies on evidence—and surveys are the best way to generate evidence about consumer behaviors or opinions. In class actions, surveys provide evidence to...more

Troutman Amin LLP

EYEBROW RAISING: Albertson’s Agrees to Pay Nearly $6MM to Settle TCPA Revocation Class Action But That’s Only Half The Story Here

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On April 21, 2025 Plaintiffs ANTHONY KAMEL, LINNEA MENIN, JASMINE OTTE, JENNIFER SCHOFIELD sued Albertson Companies, Inc. claiming it had violated the TCPA by sending SMS messages to each of them after a STOP request....more

Cozen O'Connor

FCRA, FDCPA, TCPA Filings Are Surging — Are Your Defenses Ready?

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The second quarter of 2025 delivered a noticeable uptick in consumer protection lawsuits targeting banks and other financial institutions. FCRA filings jumped about 12% year-over-year, TCPA cases spiked as much as 39% in...more

IMS Legal Strategies

An Expert Guide to Claim Substantiation Research

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Today's marketplace is a crowded space, with products and services facing intense competition for customer attention and spending. Shelves are filled with new and improved products, consumer attention is fragmented across...more

Troutman Amin LLP

TCPAWORLD ON THE ROAD: Nomorobo is at it again– Suing RSI ENTERPRISES, INC for at least $1.798MM

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So I am on the road for a little baseball related vacation with the boys. But that won’t stop me from bringing you the latest TCPA developments! One of the biggest stories of 2025 so far is Nomorobo– a massive honeypot owner–...more

Troutman Pepper Locke

Suluki Secrets: Behind the Scenes of Reasonable Investigations — FCRA Focus Podcast

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In this episode of FCRA Focus, host Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act...more

Polsinelli

Federal Court Finds Text Messages Not Subject to TCPA’s DNC Requirements

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Key Takeaways: Companies sued for Telephone Consumer Protection Act (TCPA) violations should consider challenging the allegations at the outset by moving to dismiss, rather than conceding based on out-of-date precedent and...more

Troutman Amin LLP

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

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Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

Troutman Amin LLP

JOURNEYS: Genesco, Inc. Sued in TCPA Class Action Over Promotional SMS Messages From Journeys Brand

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Interesting new TCPA class action filing. Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop. Per the...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 13

Court Takes a Bite Out of Smartfood Popcorn False Ad But Leaves a Big Portion - Smart plaintiffs will take note of a federal court's concern in reviewing the class action pleadings against PepsiCo's Smartfood Popcorn....more

Saul Ewing LLP

Eleventh Circuit Rules “Self-Inflicted” Harm Does Not Create FCRA Standing

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If an error is in a credit file and no one is around to see it, does it create standing? No, according to the U.S. Court of Appeals for the Eleventh Circuit, noting a plaintiff “cannot manufacture standing by spending time...more

Fenwick & West LLP

In-Game Purchases: Don't Be A Gold Mine For Plaintiff Trolls

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In-game purchases have become a cornerstone of the mobile video game industry, enabling developers to enhance user experience while generating revenue. However, recent developments signal heightened scrutiny from plaintiff’s...more

Troutman Amin LLP

CALLIER CLASS KILLER: Callier Deemed Atypical to Represent Class– And Everyone He Has Sued in a Class Action Should Take Note

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So Brandon Callier was just deemed insufficient to represent TCPA class members– an that’s a huge deal for anyone who is facing Callier class litigation. The case is Morales v. Sunpath, 2025 WL 2020053 (D. De. July 11, 2025)....more

Troutman Amin LLP

CHAOS CHAOS: A different Court Holds SMS Messages ARE Subject to TCPA DNC Protections– On the SAME DAY A Different Court Disagreed

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Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more

DLA Piper

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

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The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure...more

McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

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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

Klein Moynihan Turco LLP

Caller ID and Text Messages

In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more

Mogin Law LLP

Mogin Law Digest | July 2025

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Dealmaking in the AI space, which started more than a decade ago, is brisk. We have ben covering it from the perspective of mergers and acquisitions, litigation, and legislation. Our acquisitions piece has an new interactive...more

Shipkevich PLLC

June 2025 Consumer Litigation Trends: TCPA and Class Actions Lead the Way with a Continued Rise in YTD Statistics

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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

Troutman Amin LLP

PRIME TIME: Wolf Destroys Window Cleaner’s Hopes of Quick TCPA Class Action Exit

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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

Troutman Amin LLP

AU FOND: Camp Lejeune Lead Leads to Trouble For CHARLES BARATTA LLC, doing business as PRIME MARKETING– But I learned a new...

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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

Troutman Amin LLP

TREND: American Express DESTROYED by Discovery Order in TCPA Class Action As ANOTHER #BIGLAW Firm Fails

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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

Zelle  LLP

Lawsuit Against Character Technologies Moves Forward in Florida Federal Court

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Similar to a lawsuit against Character Technologies filed in Texas (which has been sent to arbitration), the Florida case, Megan Garcia and Sewell Setzer, Jr. v. Character Technologies, Inc., et al, No. 6:24-cv-01903-ACC-DCI,...more

Troutman Pepper Locke

Wire Fraud Litigants Beware: Fourth Circuit Ruling Protects the Banks — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by veteran litigators and Troutman Pepper Locke Partners Mary Zinsner and Heryka Knoespel to dissect a groundbreaking Fourth Circuit decision on bank...more

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