Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
Consumer Finance Monitor Podcast Episode: Telephone Consumer Protection Act Update: Developments Impacting Consent and Lead Generation
CFPB's Policy Statement on Abusiveness (Part 2) - The Consumer Finance Podcast
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast
An Inside Look as a Juror - FCRA Focus Podcast
Recent Trends in TCPA Litigation - The Consumer Finance Podcast
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Inside the TCPA, Episode 9: Robocall Mitigation Plans
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
Discussing the Telephone Consumer Protection Act (TCPA) and the 2020 Election
Top 5 Cybersecurity and Privacy Developments of 2018 and Their Insurance Implications
Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
The TCPA: Basics, Targeted Industries, and Trends
Today, the Supreme Court of the United States granted certiorari in 15 cases: Waetzig v. Halliburton Energy Solutions, No. 23-971: This case concerns the intersection between Federal Rule of Civil Procedure 41, which...more
Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer...more
Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more
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
The United States District Court of New Jersey recently granted default judgment to Defendant Slack Technologies (“Defendant”) for its breach of contract counterclaim against Plaintiff Gino D’Ottavio (“Plaintiff”), who...more
Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more
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
On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more
Lucoff v. Navient Solutions, LLC, Case No. 19-13482 (11th Cir. 2020). A person who consents online to be contacted regarding past due debts (even though he earlier advised the company he did not wish to be contacted) has, as...more
“Incentive” or “service” awards to lead plaintiffs in Federal Rule of Civil Procedure 23 (Rule 23) class actions are unlawful, the U.S. Court of Appeals for the Eleventh Circuit has ruled in a suit brought under the Telephone...more
The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as...more
The Eastern District of Pennsylvania recently dismissed a serial TCPA plaintiff’s complaint sua sponte because the court concluded that it did not have personal jurisdiction over the defendant. Perrong v. REWeb Real Estate,...more
On December 2, 2019, the United States government submitted a brief to the Supreme Court urging it to deny review of a Ninth Circuit Court of Appeals ruling holding a provision of the Telephone Consumer Protection Act (TCPA)...more
Finding a lack of typicality, a Florida federal court denied class certification to a plaintiff suing a gym over text messages. Traci Powell claimed that YouFit Health Clubs violated the Telephone Consumer Protection Act...more
Healthcare organizations are prime targets for class action lawsuits. The healthcare industry tops the list for class action data breach lawsuits. Healthcare is among the top-three industries facing class action lawsuits...more
Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of...more
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
A few weeks ago, Judge Leigh Martin May in the Northern District of Georgia denied a Defendant’s Rule 12(b)(2) motion to dismiss brought on the basis that, under Bristol-Myers Squibb, the court lacked subject matter...more
In Mussat v. IQVIA, Inc., 2018 WL 5311903 (N.D. Ill. Oct. 26, 2018) Judge Virginia M. Kendall of the Northern District of Illinois held that Bristol-Myers Squibb applies to Rule 23 class actions, and consequently struck the...more
Good morning, TCPAland. We thought we would help start your day with an interesting case out of the Southern District of Ohio concerning the National Do Not Call Registry (“DNCR”). As a preliminary matter, if you have not yet...more
A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue....more
Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received...more
In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more
Case Not Moot Even After Rule 67 Funds Deposited - Is a Telephone Consumer Protection Act class action moot where a defendant actually deposits sufficient funds with the court to satisfy a plaintiff’s claim pursuant to...more
BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases - The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more