News & Analysis as of

Class Action Telecommunications Prior Express Consent

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.
Troutman Pepper

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

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A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

Troutman Pepper

Pennsylvania Federal Court Certifies TCPA Class Finding Common Question in Determining Existing Business Relationship

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In a class action lawsuit against Pisa Group, Inc. for alleged violations of the Telephone Consumer Protection Act (TCPA), the plaintiff moved to certify a class of all persons in the United States who received more than one...more

Troutman Pepper

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

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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

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

Kilpatrick

TCPA Class Actions – District Court Declares TCPA Robocalling Restriction Unconstitutional From 2015 to 2020

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Takeaway: Most commentators (including this one) interpreted the U.S. Supreme Court’s fractured plurality opinion in Barr v. Am. Ass’n of Political Consultants, Inc, 140 S. Ct. 2335, 2343 (2020) (“AAPC”), as invalidating the...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

King & Spalding

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

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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

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

Bradley Arant Boult Cummings LLP

“Sorry, Wrong Number”: Northern District of California Denies Certification in TCPA Class Action

As we have noted before, whether a claimant under the Telephone Consumer Protection Act (TCPA) gave “prior express consent” to receiving communications from the defendant is frequently a critical issue (and often the only...more

Cozen O'Connor

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

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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

Carlton Fields

Question Of Consent Turns Putative TCPA Fax Class Action Into Junk

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A recent decision by a Connecticut district court reiterates that the issue of consent may foreclose class certification in Telephone Consumer Protection Act (TCPA) junk fax cases....more

Robinson+Cole Data Privacy + Security Insider

TCPA Class Action filed Against Medspa for Unwanted Text Messages

Last week, Florida skin care spa, Medspa Del Mar LLC (Medspa) was hit with a Telephone Consumer Protection Act (TCPA) class action in federal court for allegedly using an automatic dialing system to send unwanted text...more

Womble Bond Dickinson

TCPA Lawyers Cashing In: Court Approves Massive $20.4MM Fee Award in Favor of Class Counsel in TCPA Case Against Dish Networks

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While the saga in Krakauer v. Dish Network, LLC may be far from over, the Plaintiff’s attorneys in that case certainly have something to smile about. Twenty million somethings. In Krakauer v. Dish Network, Case No....more

Womble Bond Dickinson

Stay Imminent?: District Court Orders Plaintiff to Show Cause Why TCPA Class Action Shouldn’t be Stayed Pending Ninth Circuit’s...

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Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth...more

Burns & Levinson LLP

Call Me, Maybe

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$4.8 million. That is an impressive class-action settlement number, particularly when you consider that the automated calls and texts triggering the litigation and settlement arose from a single auto dealership. The auto...more

Womble Bond Dickinson

$375.00 a Class Member to Settle? Court Approves Whopper of a TCPA Settlement Against Allstate Insurance Company over Junk Faxes

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It has been a while since TCPAland has seen a settlement in the three digit range per class member. But this week brought us such a settlement by way of the final approval order entered in Etter v. Allstate Insurance...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Womble Bond Dickinson

No Get Out of Jail Free Card: Court Grants Final Approval to $8.8MM TCPA Class of Failed Inmate Notification Calls

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When you’re arrested you may be entitled to one phone call but who has to pay for it? Maybe the company connecting the call by way of a TCPA suit. We’ve seen a lot of TCPA class action settlements over the years, but the...more

Womble Bond Dickinson

Strike Two: Tampa Bay Rays Hit with Another TCPA Class Action Over Text Campaign

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A tough season just got tougher for baseball’s Tampa Bay Rays. As reported a few months back, a class action was filed against the team in the Middle District of Florida alleging that the team was sending unsolicited text...more

Womble Bond Dickinson

Predominance Dominance: Certification Denied in TCPA Fax Case Owing to Diverse Issues of Consent

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I’m at a wedding. But real quick, did you see the class action denial in Khs Corp. v. Singer Fin. Corp. Case No. 16-55, 2018 U.S. Dist. LEXIS 143337 (E.D. Pa Aug. 23, 2018)? Its good stuff....more

Womble Bond Dickinson

Anatomy of a Disaster: Court Certifies “Bad/Wrong Number” TCPA Code Class Owing to Defendants’ Apparent Failure to Maintain TCPA...

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While most Courts (properly) refuse to certify wrong number class actions in multi-source TCPA cases, at least one bank was just reminded how dangerous wrong number TCPA class actions remain. This is especially true when a...more

Womble Bond Dickinson

Another Strike Out? Tampa Bay Rays “Hit” With TCPA Class Action Over Text Campaign

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Not only did the Tampa Bay Rays start this season with the worst record in the majors (1-8), they are also striking out in TCPAland. Yesterday, a class action was filed against the baseball team in the Middle District of...more

Morrison & Foerster LLP

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the...more

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