A key question in many privacy class actions is whether the plaintiff has suffered an injury sufficient to confer Article III standing. Quite a number of these actions have been dismissed for lack of standing. The plaintiffs’ bar therefore has been brainstorming new theories of injury in the hope that one of them will be… Continue Reading
Tag Archives: privacy
Privacy and Mobile Apps: The California AG Speaks Out
Posted in Class Action TrendsIn recent months, we have seen growing interest in potential privacy issues in the context of mobile applications. Earlier this month, California Attorney General Kamala D. Harris released an official report—“Privacy On the Go: Recommendations for the Mobile Ecosystem”—with new privacy recommendations for the mobile industry. The report, while providing a “template” for best practices,… Continue Reading
Balthazor: Individualized Questions as to Consent Torpedo Attempt to Certify TCPA Class Action
Posted in Class Certification, PredominanceReaders of this blog are likely familiar with the Telephone Consumer Protection Act (“TPCA”), the law that prohibits certain types of calls using an automatic telephone dialing system or prerecorded message. The plaintiffs’ bar has filed numerous class actions seeking statutory damages under the TCPA. Businesses facing these actions should be alert for opportunities to… Continue Reading
FCC Requests Comments on Whether TCPA Applies to Internet-to-Text-Message Services
Posted in Class Action TrendsLast week, the FCC requested comments on four petitions for declaratory rulings relating to the Telephone Consumer Protection Act (“TCPA”), the law that launched a thousand class-action lawsuits (or at least seems that way). One petition (pdf), by Revolution Messaging, LLC, asks the FCC to classify text messages sent via the Internet as subject to the… Continue Reading
Ninth Circuit Hands Two Losses to TCPA Class Action Defendants
Posted in Class Action Trends, Motions PracticeOctober has been a good month to be a plaintiff in a class action under the Telephone Consumer Protection Act (“TCPA”) in the Ninth Circuit. Twice this month, that court has issued pro-plaintiff rulings, upholding a preliminary injunction against one defendant and reversing a district court’s grant of summary judgment to another defendant. See Meyer… Continue Reading
California Federal District Court Dismisses “Gotcha” TCPA Class Action Challenging Responses To “STOP” Text Messages
Posted in Class Action Trends, Motions PracticeThe plaintiffs’ bar loves the Telephone Consumer Protection Act (“TCPA”)—which prohibits certain unsolicited phone calls and text messages—because it provides for statutory damages of up to $1,500 per violation and thus is a great vehicle for shakedown class actions against businesses. One recent wave of questionable TCPA class actions asserts that messages sent to confirm… Continue Reading