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
The Central District of California recently decertified a class of TCPA plaintiffs because consent issues were so individualized that the plaintiffs could not satisfy the predominance requirement. Trenz v. On-Line...more
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
On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more
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
Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more