The United States District Court for the District of Oregon recently issued a significant opinion regarding the legal framework for certifying Do-Not-Call claims. See Mattson v. New Penn Financial LLC, 2023 WL 8452659 (D. Or....more
The First Circuit recently reversed the District of Massachusetts’s approval of a settlement award that improperly lacked any subclasses within the 4.8-million-person putative class, finding it “too difficult to determine...more
12/29/2022
/ Adequacy Requirement ,
ATDS ,
Class Action ,
Class Certification ,
Class Members ,
Do Not Call List ,
Incentive Awards ,
Marketing ,
Settlement ,
Settlement Agreements ,
TCPA
The Eleventh Circuit recently decided not to rehear en banc a panel decision which held that a TCPA class action settlement could not include an incentive award for the lead plaintiff. See Johnson v. NPAS Sols., LLC, No....more
The Second Circuit recently addressed whether a faxed invitation to participate in a market research survey is an “unsolicited advertisement” actionable under the TCPA. In Bruce Katz, M.D., P.C. v. Focus Forward LLC, 22...more
Recently, the Northern District of California joined other courts in more closely scrutinizing class certification motions in TCPA cases. In a case involving an automated phone call by a loan servicer regarding Plaintiff’s...more