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Telephone Consumer Protection Act › Statute of Limitations › Class Certification

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

CLASS DECERTIFIED: Company That Was Too Small to Pay Class Judgment Exits Certified TCPA Case for Individual Settlement– And Its a...

Troutman Amin LLP on

Every once in a while a plaintiff’s attorney will do the unthinkable. They will win certification in a TCPA class action and then walk it back– agreeing to accept an individual resolution instead of a classwide deal. The...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

Vedder Price

TCPA Case Law Review (Vol. 6)

Vedder Price on

As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more

Womble Bond Dickinson

TCPA Taking its Toll: Third Circuit Court of Appeal Rejects Tolling of TCPA Claims in favor of Plaintiff that Served as Class...

Womble Bond Dickinson on

The TCPA legal doctrine atom smasher continues to, well, smash atoms. Earlier today we learned a bit about Article III standing of class representatives from a TCPA case, and now the wide world gets to learn about the...more

Womble Bond Dickinson

For Whom the Statute Tolls: Statute of Limitations Extended in Plaintiff’s Individual TCPA Lawsuit Based on American Pipe Tolling...

Womble Bond Dickinson on

The TCPA already has an ample four-year statute of limitations. But based upon a 1974 Supreme Court case called American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), that statute is extended every time a defendant...more

Carlton Fields

Sixth Circuit Litigants Beware: Exiting The American Pipe Highway Can Forfeit Your Toll

Carlton Fields on

Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending September 22 & 29, 2017

Carlton Fields on

REAL PROPERTY UPDATE - - Constructive Notice: a memorandum of agreement that is recorded in the official records of the county in which the property is located and refers to an unrecorded agreement entered into by the...more

Goodwin

11th Circuit Declines to Follow the Pack on “No Piggybacking” Rule

Goodwin on

On August 3, 2015, the 11th Circuit held in Ewing Industries Corp. v. Bob Wines Nursery, Inc., No. 14-13842, 2015 WL 4605234 (11th Cir. Aug. 3, 2015) that the pendency of a purported class action does not toll the limitations...more

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