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Class Action › Goods or Services › Advertising

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.
Faegre Drinker Biddle & Reath LLP

Attention to Detail — and the Defense — Prevails in Two Recent Cases

Faegre Drinker Biddle & Reath LLP on

Two recent decisions emphasize the necessity of precisely examining a plaintiff’s complaint for potential defenses while keeping each element of the TCPA in mind. First, in Hulce v. Zipongo, Inc., No. 23-C-0159, 2024 WL...more

Patterson Belknap Webb & Tyler LLP

Supply Demanded: Ninth Circuit Confirms Classwide Damages Models Must Account for Supply-Side Factors

Patterson Belknap Webb & Tyler LLP on

In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint...more

Womble Bond Dickinson

4th Circuit: Offering a Free Gift Could Be an Unsolicited Advertisement

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The 4th Circuit held that offering a free eBook could violate the TCPA’s prohibition on “unsolicited advertisements.” PDR Network publishes the Physicians’ Desk Reference, which is “a compilation of medical prescribing...more

Womble Bond Dickinson

From Cute to Ugly: Adoption of Kitten Leads to Summary Judgment for TCPA Violation Against Pet Insurance Company

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Sometimes the line between what is and isn’t an “advertisement” within the meaning of the TCPA isn’t quite clear. But as illustrated by today’s ruling in Legg v. Ptz Ins. Agency, No. 14 C 10043, 2018 U.S. Dist. LEXIS 137811,...more

Bradley Arant Boult Cummings LLP

Reality Wins: Sixth Circuit Affirms Companies Must Send Fax to Be “Sender” under TCPA

Bradley Arant Boult Cummings LLP on

To be liable for a junk fax Telephone Consumer Protection Act (TCPA) violation, does a company have to actually send a fax? The plain language of the TCPA says yes: “It shall be unlawful for any person… to use any telephone...more

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