News & Analysis as of

Litigation Strategies Class Action Consumer Protection Laws

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

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

McGlinchey Stafford

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

McGlinchey Stafford on

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

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...

Troutman Amin LLP on

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

Balch & Bingham LLP

Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection

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In our Consumer Finance Compass series, Balch’s Jason Tompkins offers a preview of his upcoming presentation for the Association of Credit & Collection Professionals (ACA) Convention 2025, titled “Class Action Lawsuits in...more

Balch & Bingham LLP

CFC How Standing Can Make or Break Certification - (TRANSCRIPT)

Balch & Bingham LLP on

Class actions are on the rise. Is your business ready to protect itself? Hi, I'm Jason Tompkins, a member of Balch's Consumer Finance Compliance and Defense Practice. Debt collectors are frequent targets of class actions...more

Morris James LLP

What Is the Ultra Processed Foods Lawsuit?

Morris James LLP on

Ultra processed foods are a daily part of life for many families — sold in brightly colored packages, advertised as convenient, and often presented as wholesome choices for children. But mounting evidence shows these products...more

Oberheiden P.C.

Ultra-Processed Food Lawsuits: 10 Key Facts for Individuals and Families

Oberheiden P.C. on

Individuals and families across the United States are pursuing lawsuits related to ultra-processed foods (UPFs). In these lawsuits, the plaintiffs allege that ultra-processed food manufacturers deserve to be held accountable...more

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

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

Ballard Spahr LLP

One Size Fits None: Sixth Circuit Demands State-by-State Analysis in Auto Defect Class Actions

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The U.S. Court of Appeals for the Sixth Circuit, in a full en banc decision, raised the pleading and proof standards for plaintiffs seeking to certify multistate automotive defect class actions. The court’s June 27, 2025,...more

McGlinchey Stafford

District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe under TCPA

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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

Stradling Yocca Carlson & Rauth

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more

Baker Donelson

How Food and Beverage Manufacturers Can Minimize their Exposure to the Wave of Citric Acid Based Lawsuits

Baker Donelson on

A recent wave of consumer class action lawsuits is targeting food and beverage makers that use "all natural," "no preservatives," or similar labels on their products. One common group of targeted products are those which...more

Troutman Amin LLP

DEAR LORD: Nomorobo Just Sued Synchrony Under the TCPA For Calls to a Honeypot And This Could Be Enormous

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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

Troutman Amin LLP

PLAUSIBLE: Court Holds Allegations of “Identical” Voicemails Sufficient Allegation of Prerecorded Call Usage

Troutman Amin LLP on

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

White & Case LLP

Class Actions: The evolving landscape

White & Case LLP on

The global class action landscape continues to evolve. There are more collective actions across Europe than ever before, and the implementation of the EU Directive on "Representative actions for the protection of the...more

Hogan Lovells

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

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The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Troutman Amin LLP

WAR OF ATTRITION: Lead Seller Stuck in TCPA Suit After Settling with Litigator Wins Transfer of Third-Party Suit

Troutman Amin LLP on

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

Troutman Amin LLP

TCPAWORLD AFTER DARK: ETN America Issues a Press Release After TCPA Class Action Suit Filed– and I like the Move

Troutman Amin LLP on

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

Troutman Amin LLP

EXPENSIVE LOSS: #BigLaw Firms Charge Volkswagen Over $2.2MM in Fees and Costs– Settle TCPA Class Action For $275,000 Individually...

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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

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