News & Analysis as of

Class Action Auto-Dialed Calls Telecommunications

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Orrick, Herrington & Sutcliffe LLP

11th Circuit rejects a proposed TCPA class action settlement

On May 13, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a proposed TCPA class action settlement agreement. The class, consolidated from three class actions, accused the defendant, the “world’s...more

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

Husch Blackwell LLP on

On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more

Manatt, Phelps & Phillips, LLP

$40M TCPA Settlement for Real Estate Company

A Florida state court recently granted final approval to a $40 million deal in a Telephone Consumer Protection Act (TCPA) class action, signaling that defendants are still facing the potential for sizable settlements....more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

Womble Bond Dickinson on

In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Vedder Price

TCPA Turnstile: Scoping out the TCPA – 2023 Midyear Update (TCPA Case Update Vol. 18)

Vedder Price on

Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the cases from this year are...more

Troutman Pepper

Ninth Circuit Remand of $925M TCPA Class Award Offers Possible Ceiling on Damages

Troutman Pepper on

Allowable statutory damages under the Telephone Consumer Protection Act (TCPA) have a floor of $500 and, generally speaking, determining total damages is a simple math calculation. In the class action scenario, however, this...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA, ATDS is...more

Manatt, Phelps & Phillips, LLP

New York Court Certifies Two Classes in TCPA Class Action

Certifying two classes in a Telephone Consumer Protection Act (TCPA) class action, a New York federal court found that questions of individualized consent did not predominate and that the plaintiffs did not need to...more

Troutman Pepper

Human Intervention Still Answers the Call: Northern District of California Curtails Text-Based TCPA Class Action

Troutman Pepper on

Companies are continuing to reap the rewards of the Supreme Court’s decision in Facebook v. Duguid earlier this year, in which the Supreme Court confirmed a narrow reading of the Telephone Consumer Protection Act’s (TCPA)...more

Manatt, Phelps & Phillips, LLP

ATDS Sufficiently Alleged, Illinois Court Says

The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal...more

Robinson+Cole Data Privacy + Security Insider

Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action

The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more

Manatt, Phelps & Phillips, LLP

Suits Already Filed Under Updated Florida Laws

The first lawsuits have already been filed pursuant to Florida’s recently amended telemarketing laws, which were updated as of July 1 to provide for expanded liability. ...more

Manatt, Phelps & Phillips, LLP

Adobe’s $1M TCPA Deal Results in $2,000 Payout for Class Members

A California federal court signed off on a $1 million settlement agreement, putting an end to a class action filed against Adobe over calls that allegedly violated the Telephone Consumer Protection Act (TCPA) and yielding...more

Davis Wright Tremaine LLP

Federal Court Says Voice Service Providers "Mey" Face TCPA Liability for Facilitating Spoofed Robocalls, Denies Motion to Dismiss

When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability...more

Kelley Drye & Warren LLP

No Incentives For Class Plaintiffs in Eleventh Circuit

Last week, a panel from the Eleventh Circuit in Johnson v. NPAS Solutions, LLC, No. 18-12344 (11th Cir.) reversed in part, and vacated in part, a class action settlement that would have resolved allegations that NPAS violated...more

Locke Lord LLP

Eleventh Circuit Reaches Back 135 Years to Reject Incentive Awards for Lead Plaintiffs in Class Actions

Locke Lord LLP on

In Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), the Eleventh Circuit Court of Appeals upended what has become common practice in class action settlement by ruling that “incentive”...more

Rumberger | Kirk

Is Your Loyalty Program Putting Your Restaurant at Risk for TCPA Liability?

Rumberger | Kirk on

TCPA litigation can cost companies, both big and small, millions of dollars. Loyalty programs are a great way for restaurants to keep in contact with their existing customers and incentivize future purchases. In the modern...more

Neal, Gerber & Eisenberg LLP

Client Alert: Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk

In recent years, the Telephone Consumer Protection Act (“TCPA”) has been a major source of potential liability for companies that send marketing text messages.  ...more

King & Spalding

Circuit Split Emerges on TCPA Definition of “Auto-dialer”

King & Spalding on

On January 27, 2020, the Eleventh Circuit affirmed the Middle District of Florida’s order granting summary judgment in favor of defendant Hilton Grand Vacations Company, LLC (“Hilton”), and reversed the Northern District of...more

Hogan Lovells

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

Hogan Lovells on

Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more

Robinson+Cole Data Privacy + Security Insider

Judge Rejects $4 Million TCPA Settlement

This week, a Pennsylvania federal judge refused to approve a proposed $4 million settlement for violations of the Telephone Consumer Protection Act (TCPA) because it would provide the 67,000 class members with only $35 each....more

Kilpatrick

TCPA Class Actions - Eleventh Circuit Narrows Scope of TCPA, Splitting with Ninth Circuit

Kilpatrick on

Takeaway: The recent explosion in telemarketing calls has been driven by telephone equipment that allows companies to automatically dial a stored list of potential customers. In Glasser v. Hilton Grand Vacations Co., LLC,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Agrees To Review The Constitutionality of the TCPA

Given how often TCPA cases are filed—and how often they push the envelope of the statute’s scope and the courts’ jurisdiction—it should come as no surprise that the Supreme Court is often asked to bring some sanity to the...more

Womble Bond Dickinson

TCPA Disaster: Court Finds Manual Call May Still Violate the TCPA If It Occurred On Equipment That Has the Capacity to Dial...

Womble Bond Dickinson on

As the battle over the definition of an ATDS continues throughout the nation, a District Court in Virginia just entered the fight with a dagger. In Morgan v. On Deck Capital, Case No. 3:17-CV-00045, 2019 U.S. Dist. LEXIS...more

Cozen O'Connor

Jury Verdict In TCPA Case Puts Over $925 Million In Damages On The Table

Cozen O'Connor on

On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it...more

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