News & Analysis as of

Telephone Consumer Protection Act Do Not Call List Class Certification

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Hinch Newman LLP

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

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Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

Faegre Drinker Biddle & Reath LLP

District of Oregon Finds that Ninth Circuit’s Chennette Presumption Does Not Materially Impact Class Certification Criteria

The United States District Court for the District of Oregon recently issued a significant opinion regarding the legal framework for certifying Do-Not-Call claims. See Mattson v. New Penn Financial LLC, 2023 WL 8452659 (D. Or....more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Troutman Pepper

California Federal Court Denied Class Certification in TCPA Case Where Plaintiff Arguably Requested Calls

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In Wiley v. American Financial Network, Inc., a district court judge in the Central District of California denied a motion for class certification in a Telephone Consumer Protection Act (TCPA) case, finding the defendant...more

Rumberger | Kirk

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

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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

Benesch

Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

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In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

Troutman Pepper

California Federal Court Denies Class Certification for Inadequate Plaintiff

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The district court for the Northern District of California recently granted a motion to deny class certification in an action brought under the Telephone Consumer Protection Act (TCPA) based on the plaintiff’s inability to...more

Faegre Drinker Biddle & Reath LLP

First Circuit Rejects Classwide Settlement, Finds That Would-Be Class Representatives Could Not Adequately Represent Subclasses...

The First Circuit recently reversed the District of Massachusetts’s approval of a settlement award that improperly lacked any subclasses within the 4.8-million-person putative class, finding it “too difficult to determine...more

Ballard Spahr LLP

Utah federal district court denies class certification in TCPA lawsuit filed against Ballard Spahr client

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Represented by a team of Ballard Spahr attorneys, a seller of consumer products recently defeated the plaintiffs’ motion to certify a class in their lawsuit filed in Utah federal district court alleging violations of the...more

Eversheds Sutherland (US) LLP

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

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

Manatt, Phelps & Phillips, LLP

Business or Residential? Question Defeats Class Certification in Oregon

Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Reverses Class Cert, Citing Uninjured Class Members

Vacating a class certification order, the U.S. Court of Appeals, Eleventh Circuit, held that unnamed members of the putative class who did not ask the defendant to stop calling them were not injured by the defendant’s failure...more

Benesch

Point of Sale Newsletter - January 2020

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Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more

Epiq

Judges Are Putting TCPA Class Action Cases on the Do Not Call List

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The Telephone Consumer Protection Act of 1991 (TCPA) is a federal statute that restricts how businesses employ telemarketing efforts, like soliciting text messages or prerecorded voice messages. The law often requires...more

King & Spalding

Eleventh Circuit Vacates Order Certifying Robocall Class Because District Court Failed to Consider Whether Absent Class Members...

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On November 15, the Eleventh Circuit vacated an order certifying a class of individuals who claimed to have received robocalls in violation of the Telephone Consumer Protection Act (“TCPA”), holding that the district court...more

Bradley Arant Boult Cummings LLP

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III...

The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was...more

Goodwin

Eleventh Circuit Decertifies TCPA Class on Traceability and Predominance Grounds

Goodwin on

On November 15, 2019, the Eleventh Circuit decertified a Telephone Consumer Protection Act (TCPA) class in Cordoba v. DIRECTV, LLC (No. 18-12077, 2019 WL 6044305), finding that the plaintiff could not adequately identify...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 22, 2019

Carlton Fields on

Real Property Update - Foreclosure / Rehearing: Order denying rehearing on summary judgment motion and denying continuance affirmed where (1) affidavit in support of rehearing failed to disclose any genuine issue of...more

Faegre Drinker Biddle & Reath LLP

Lack of Widespread Harm Traceable to TCPA Violation Requires Decertification of Class Action, Eleventh Circuit Rules

The Eleventh Circuit last week issued a common-sense ruling vacating class certification in a TCPA case—an area of the law where common sense does not always prevail. In Cordoba v. DIRECTV, LLC, No. 19-12077 (11th Cir. Nov....more

Manatt, Phelps & Phillips, LLP

Fourth Circuit Affirms $61M Award Against Dish

Affirming a North Carolina federal court’s judgment awarding $61 million in damages for Telephone Consumer Protection Act (TCPA) violations, the U.S. Court of Appeals, Fourth Circuit, rejected Dish Network’s attempts to evade...more

Ballard Spahr LLP

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

Ballard Spahr LLP on

The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

Carlton Fields

Real Property & Financial Services Update: Week Ending May 31, 2019

Carlton Fields on

Real Property Update - Public Official Standing Doctrine: county school district that benefited from ad valorem taxes charged by county could not challenge constitutionality of statutory tax exemption claimed by homeowners...more

Seyfarth Shaw LLP

Fourth Circuit Affirms $61 Million Treble Damages Award in TCPA Class Action Against Marketing Agency’s Customer

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Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more

Womble Bond Dickinson

Fourth Circuit Court of Appeal Affirms $61,000,000 TCPA Judgement Against Dish Network

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On May 30, 2019, the Fourth Circuit affirmed a $61,000,000 classwide judgment against Dish Network based on violations of the TCPA’s National Do Not Call Registry (“DNC”) rules committed by Dish’s outside agent Satellite...more

Mintz

Monthly TCPA Digest - October 2017

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We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a ruling from the US Court of Appeals...more

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