The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case. In August, the federal appellate panel held that consent can be partially revoked...more
A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone...more
Taking a stand on the revocation of consent, a New Jersey federal court judge rejected a plaintiff’s argument that she had reasonably conveyed her desire to be removed from a text message marketing list....more
In a report and order, the Federal Communications Commission (FCC) approved new rules that will allow phone companies to block illegal robocalls originating from certain types of numbers....more
Finding that too many questions remained about individual consent, an Illinois federal court judge denied certification of a class that allegedly received fax advertisements....more
The Battle Over CFPB Leadership Continues -
Although the first round in the battle over leadership of the Consumer Financial Protection Bureau went to President Donald Trump’s pick for the position, the fight continues,...more
A seven-year-old case involving allegedly illegal faxes may finally be coming to an end after a federal court judge granted preliminary approval to a $7 million deal....more
A federal court in Wisconsin held that calls made using Voice over Internet Protocol (VoIP) apps may result in liability under the Telephone Consumer Protection Act (TCPA) where the called party incurs a charge for the call...more
A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear....more
A $61 million judgment in a Telephone Consumer Protection Act (TCPA) class action will stand after a federal court judge denied the defendant’s motion to reduce or set aside the trebled damages award....more
The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more
Social Media, Behavior Policies Tossed by NLRB ALJ -
Why it matters -
Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more
11/7/2017
/ Administrative Law Judge (ALJ) ,
Amazon ,
Arbitration ,
Cybersecurity ,
Data Breach ,
FCC ,
NLRB ,
Private Attorneys General Act (PAGA) ,
Reassigned Phone Numbers ,
Safe Harbors ,
Social Media ,
TCPA
Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant....more
Of the dozens of comments filed in response to the Federal Communications Commission’s (FCC) request on how to handle the problem of reassigned numbers, the majority appeared to support the agency’s plan to establish a...more
Finding $32 million to be a more reasonable award than $1.6 billion, a Missouri federal court judge ordered the producers of “Last Ounce of Courage” to pay for phone calls promoting the movie that ran afoul of the Telephone...more
In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more
Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement....more
A Winner for the Defense -
Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v....more
Data Breach Lawsuits Continue to Fill the Courts -
Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more
8/29/2017
/ Barnes and Noble ,
Data Breach ,
Equal Employment Opportunity Commission (EEOC) ,
Grocery Stores ,
Jurisdiction ,
Landfills ,
NAD ,
Patents ,
SCOTUS ,
TC Heartland LLC v Kraft Foods ,
TCPA ,
Telemarketing ,
Text Messages ,
Title VII ,
Waste Management
Lacking List of Recipients, Sixth Circuit Denies Class Certification -
Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more
8/28/2017
/ Advertising ,
Class Action ,
Class Certification ,
Faxes ,
FCC ,
Marketing ,
Notice of Inquiry ,
Robocalling ,
TCPA ,
Text Messages ,
Unsolicited Faxes
Yet Another Blow to Spokeo Strategy in TCPA Cases -
Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more
7/26/2017
/ Advertising ,
Campbell Ewald v Gomez ,
FCC ,
Mootness ,
Robocalling ,
Rule 67 ,
Spokeo v Robins ,
Spoofing ,
Standing ,
TCPA ,
Unsolicited Faxes
Revocation? Think Again. -
On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more
Revocation? Think Again. -
On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more
7/1/2017
/ Amazon ,
ATDS ,
Biodegradable ,
Deceptive Intent ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Medical Marijuana ,
Mobile Apps ,
NAD ,
Prior Express Consent ,
Refunds ,
TCPA ,
Text Messages
Would-Be Employer Targeted in New TCPA Suit -
Could employers be the next target for Telephone Consumer Protection Act class actions? -
Hopefully not, after an Illinois federal court judge dismissed a complaint brought...more
Supreme Court Refuses to Hear Interchange Settlement Appeal -
The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in...more
6/1/2017
/ CA Supreme Court ,
Data Breach ,
Day of Rest Laws ,
False Advertising ,
Lanham Act ,
Nordstrom Inc. ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Settlement Agreements ,
TCPA ,
Unsolicited Phone Calls ,
Wage and Hour