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In a significant new decision, a federal court in Florida dismissed a class action in Harrell v. Aquion, Inc., Home Depot U.S.A., Inc., and A&B Marketing, Inc., 2024 WL 4188389 (M.D. Fla. Sept. 13, 2024), holding that a...more
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more
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
With advances in technology and business marketing come changes in the law and new litigation. Many businesses are familiar with the federal Telephone Consumer Protection Act (TCPA) but may be less familiar with Florida’s...more
Wave of Class Actions Targeting Businesses Marketing to Florida Is your business at risk? With the 2022 surge of telemarketing class actions, businesses need to be increasingly concerned about their practices and...more
Telemedicine and remote patient monitoring companies often want to maintain open communication channels with patients, whether it be scheduling, medication reminders, engagement pings, or even new product and service updates....more
Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more
Real estate businesses should be aware that they may be the target of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”), which has the potential for significant liability exposure. Businesses in...more
The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more
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
A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of...more
Significant regulatory changes are taking effect under the Telephone Consumer Protection Act (TCPA) on October 16, 2013, due to a revision of the Federal Communications Commission’s (FCC) TCPA rule. The amended rule will now...more
On October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written...more
Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more