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Text Messages FRCP 23(b)(3)

McGlinchey Stafford

Florida Court Certifies Two Classes on Claims Under TCPA and FTSA

McGlinchey Stafford on

Recently, the Northern District of Florida certified two classes under the Telephone Consumer Protection Act (TCPA) in a matter regarding alleged telemarketing text messages. Background- In Jackson v. Athena Bitcoin, Inc.,...more

Womble Bond Dickinson

Too Close for Comfort: Plaintiff's Ties to Class Counsel Leads to Denial of TCPA Class Action Certification

Womble Bond Dickinson on

Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more

Womble Bond Dickinson

Bad Plan: Court Approves Certification in TCPA Text Message Case Including Remarkable...

Womble Bond Dickinson on

Well now I’ve seen everything. Yep. Everything. Yesterday a court in Florida certified a TCPA class action against Pizza Hut and some of its marketing partners/friends/afilliates, whatever, that’s not the point. Because...more

Womble Bond Dickinson

Stop Means Stop: Court Certifies TCPA Class Action in “Stop” Text Message Case–But Forces Class Counsel to Amend Retainer...

Womble Bond Dickinson on

TCPAland is so full of interesting little stories. I know from first hand experience that class counsel commonly use an unpleasant little clause to keep their would-be class representatives from settling cases...more

Burr & Forman

Ninth Circuit Affirms Denial of TCPA Class Due To “Significant Uncommon Questions” And Ascertainability Issues

Burr & Forman on

Gannon v. Network Telephone Services, Inc., No. 13-56813 (9th Cir. Jan. 12, 2016) In a 3 paragraph unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the trial court’s denial of plaintiff’s...more

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