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Class Action › Established Business Relationship › Telephone Consumer Protection Act

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.
Klein Moynihan Turco LLP

Insurance Company Hit With Do Not Call Class Action Lawsuit

Klein Moynihan Turco LLP on

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Rumberger | Kirk

The Role Record-Keeping May Play In TCPA Class Cert.

Rumberger | Kirk on

Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more

Faegre Drinker Biddle & Reath LLP

Established Business Relationship Defense Dooms Class Allegations

Faegre Drinker Biddle & Reath LLP on

The Northern District of Illinois recently granted a TCPA defendant’s motion to strike class action allegations, reasoning that individual questions of consent and the availability of the established business relationship...more

Manatt, Phelps & Phillips, LLP

Sweepstakes Entry Doesn’t Establish Business Relationship

Manatt, Phelps & Phillips, LLP on

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more

Burr & Forman

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Burr & Forman on

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

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