Alexander Fuchs

Eversheds Sutherland (US) LLP

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Speed bump or roadblock? Florida court’s stay of TCPA case may signal trouble ahead for junk fax cases

In a decision that may have ripple effects in other pending Telephone Consumer Protection Act actions, on June 2, 2018, the US District Court for the Middle District of Florida issued a stay in Scoma Chiropractic, P.A. v....more

6/13/2018 / Cloud Computing , Corporate Counsel , Declaratory Rulings , FCC , MasterCard , Primary Jurisdiction Doctrine , Stays , TCPA , Unsolicited Faxes

Alternative fax? FCC and TCPA defendants urge Supreme Court to reject review of lower court’s junk fax ruling

Oppositions to a petition for certiorari were recently filed with the United States Supreme Court urging the Court to reject a proposed appeal filed by serial Telephone Consumer Protection Act (TCPA) plaintiffs seeking review...more

1/29/2018 / Advertising , Class Action , Declaratory Rulings , Faxes , FCC , Petition for Writ of Certiorari , Pharmacies , SCOTUS , TCPA , Unsolicited Faxes

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

7/27/2017 / Affidavits , Appeals , Ascertainable Class , Class Action , Class Certification , Corporate Counsel , FRCP 23 , Putative Class Actions , TCPA , Unsolicited Faxes

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