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Class Action › Putative Class Actions › Text Messages

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.
Robinson+Cole Class Actions Insider

Eleventh Circuit Provides New Guidance on Class Action Settlements

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Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more

Benesch

DCD Compels Arbitration for TCPA Class Action Despite Being Non-Signatory to Agreement

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The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more

Venable LLP

Florida Adopts Changes to the Florida Telephone Solicitation Act

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Last month, Florida governor Ron DeSantis signed into law amendments to the Florida Telephone Solicitation Act (FTSA) that scale back the scope and reach of the statute, bringing it in line with federal TCPA standards and...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

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The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Eversheds Sutherland (US) LLP

Frequent TCPA flyer is grounded: Federal judge denies class certification due to representative’s deceptive practices

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A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more

Bilzin Sumberg

With Consumer Protection Class Actions On the Rise, Is the Financial Services Industry in the Crosshairs?

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Lawyers or business people who feel they have been hearing about a lot more consumer protection class actions lately have good reason for that feeling. A recent report by Lex Machina, part of LexisNexis, highlights an...more

Womble Bond Dickinson

Ruling Denying TCPA Class Certification Highlights What’s Wrong with the System

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One of the biggest problems with the TCPA is how quickly a single call or text message can become the catalyst of a massive, and expensive nationwide class action creating significant exposure to any business caught in its...more

Womble Bond Dickinson

Text Message Platform Dismissed From TCPA Class Action Because It Was Not the “Maker or Initiator” of the Text Message at Issue

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Generally, text message platform providers are not considered the “sender” or “maker” of a text message or call unless they are so involved in placing the call as to be deemed to have “made or initiated” it themselves. The...more

King & Spalding

Eleventh Circuit Splits With Ninth Circuit On Concrete Injury Requirement In TCPA Class Action Involving Unsolicited Text Message

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On August 28, the Eleventh Circuit held that receiving one unsolicited text message is not a concrete injury that establishes Article III standing under the Telephone Consumer Protection Act (“TCPA”). The opinion creates a...more

Womble Bond Dickinson

Too Close for Comfort: Plaintiff's Ties to Class Counsel Leads to Denial of TCPA Class Action Certification

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Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more

Jones Day

Agent Actions Don't Equal Personal Jurisdiction in Telephone Consumer Protection Act Case

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The Situation: A federal court in California recently considered whether it had jurisdiction over defendants in a class action under the Telephone Consumer Protection Act ("TCPA") based on the presence in California of the...more

Dorsey & Whitney LLP

Ninth Circuit Rules an ATDS Need Only Have the Capacity to “Store Numbers to Be Called” and Dial “Automatically”

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In Marks v. Crunch San Diego, No. 14-56834, 2018 U.S. App. LEXIS 26883 (9th Cir. Sept. 20, 2018), a three judge panel found “the term ‘automatic telephone dialing system’ means equipment which has the capacity (1) to store...more

Womble Bond Dickinson

Pro Se It Ain’t So: Self-Represented Attorney in Putative TCPA Class Action Found by Court Not to be Qualified to Represent Class

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In Doyle v. Fla. Health Sol., Inc., No. 17-12231 (JMV) (MF), 2018 U.S. Dist. LEXIS 148340 (D.N.J. Aug. 29, 2018), the court had to determine – at the pleading stage – whether a pro se plaintiff who is a licensed attorney...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

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Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Manatt, Phelps & Phillips, LLP

Eight-Figure Settlements Continue for TCPA Disputes

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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

Manatt, Phelps & Phillips, LLP

TCPA Connect - December 2016

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Defendant’s Attempt to Moot TCPA Suit Fails (Again) - A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute...more

Burr & Forman

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

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On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - July 2015

Manatt, Phelps & Phillips, LLP on

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

Robinson & Cole LLP

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

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I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more

Carlton Fields

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

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In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

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