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Troutman Amin LLP

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

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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

Troutman Pepper Locke

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

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In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Troutman Pepper Locke

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

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A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

Troutman Pepper Locke

California Federal Court Denies Class Certification for Inadequate Plaintiff

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The district court for the Northern District of California recently granted a motion to deny class certification in an action brought under the Telephone Consumer Protection Act (TCPA) based on the plaintiff’s inability to...more

Carlton Fields

No Speaking? No Standing!

Carlton Fields on

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

Faegre Drinker Biddle & Reath LLP

Court Finds That Some Soundboard Calls Can Qualify As “Prerecorded Voice” Calls, At Least When They Do Not “Interact With the...

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As we previously discussed, the need for clarification as to the TCPA’s treatment of outbound calls made using soundboard technology (“soundboard calls”) is particularly manifest in light of two pending petitions before the...more

Vedder Price

TCPA Case Law Review (Vol. 7)

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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

Anatomy of a Disaster: Court Certifies “Bad/Wrong Number” TCPA Code Class Owing to Defendants’ Apparent Failure to Maintain TCPA...

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While most Courts (properly) refuse to certify wrong number class actions in multi-source TCPA cases, at least one bank was just reminded how dangerous wrong number TCPA class actions remain. This is especially true when a...more

Robins Kaplan LLP

Van Patten V. Vertical Fitness Is No TCPA Killer

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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

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