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Tag Archives: Telephone Consumer Protection Act

Floodgates to New York Telemarketing Class Actions Under the TCPA Are Open, Says Second Circuit

Posted in Class Certification

Just in time for the holidays, the Second Circuit’s recent decision in Bank v. Independence Energy Group LLC has dropped a lump of coal in the business community’s stocking. In this case, the “lump of coal” is an open door to class actions under the Telephone Consumer Protection Act in federal courts in New York…. Continue Reading

Upcoming Webinar on New TCPA Rules

Posted in Class Action Trends

Last month, the FCC’s new rules under the Telephone Consumer Protection Act (TCPA) for consent telemarketing calls went into effect.  (We’ve previously discussed those rules on this blog.)  On Wednesday (November 13), I’ll be co-presenting a 90-minute CLE webinar about the new rules for Bloomberg BNA.  For more information or to register, please visit Bloomberg… Continue Reading

Update: Ninth Circuit to Decide Whether an Offer of Judgment to a Named Plaintiff Will Moot a Class Action

Posted in Motions Practice

We’ve previously written about the petition for interlocutory appeal in Chen v. Allstate Insurance Co., a TCPA class action that involves an important issue for class action practitioners:  can a named plaintiff refuse an offer of judgment for full relief and continue pursuing a class action?  The Ninth Circuit recently granted (pdf) the petition and can… Continue Reading

Judges Irked At Placeholder Class-Certification Motions Too

Posted in Class Action Trends, Motions Practice

From a practitioner’s standpoint, one of my five least-favorite recent developments in federal class-action practice is the explosion in the number of premature motions for class certification that would-be class representatives file. I understand the motivation behind these motions—often filed along with the initial complaint. Of course, they are not seriously intended to induce a… Continue Reading

Third Circuit Rules that TCPA Authorizes Consumers To Retract Consent to Cell Phone Calls

Posted in Motions Practice

The spate of class actions under the Telephone Consumer Protection Act (TCPA) isn’t ending anytime soon. And the risks to businesses have just increased in the Third Circuit, thanks to that court’s recent ruling that the TCPA permits consumers to retract consent to receiving calls on their cell phones placed by automatic telephone dialing systems…. Continue Reading

Will the Ninth Circuit Revisit the Issue of Whether an Offer of Judgment to the Named Plaintiff Can Moot a Class Action?

Posted in Motions Practice, U.S. Supreme Court

Before the Supreme Court’s decision last Term in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Ninth Circuit had held that a named plaintiff can continue to pursue a putative class action even after the defendant has extended that plaintiff an offer of judgment for the full individual relief sought in the… Continue Reading

Are You Prepared for the New TCPA Rules? The Plaintiffs’ Bar Is.

Posted in Class Action Trends

The Telephone Consumer Protection Act (TCPA) is a favorite of the plaintiffs’ class-action bar because it provides for statutory damages of up to $1,500 for knowing or willful violations. With some exceptions, the TCPA prohibits, among other things, unsolicited marketing faxes as well as calls and text messages using autodialers or prerecorded voices. See, e.g.,… Continue Reading

Is There New Hope for Challenging Aggregated Statutory Damages?

Posted in Class Certification, Superiority, U.S. Supreme Court

Congress and state legislatures have enacted many statutes that provide for minimum statutory damages recoveries that are far in excess of the actual damages most individuals will suffer. A prominent example is the Telephone Consumer Protection Act (TCPA), which offers $500 per violation of the statute, trebled to $1500 for willful violations. The idea is… Continue Reading

FCC Addresses Vicarious Liability Under Telephone Consumer Protection Act

Posted in Motions Practice

Plaintiffs in some TCPA class actions have taken the position that companies are strictly liable for any violation of the TCPA by third parties that make calls or send faxes on the companies’ behalf (such as third-party marketers or debt collectors).  The FCC, however, has just issued a declaratory ruling that appears to reject that… Continue Reading

Federal Court Grants Motion to Strike Class Allegations in TCPA Case

Posted in Ascertainability, Class Certification, Motions Practice

We’re big fans of filing an early motion to strike class allegations when it’s apparent from the pleadings that the class definition is fatally flawed. Why should a defendant be forced to submit to the wringer of class discovery before taking a swing at defeating class certification? A recent case involving Office Depot illustrates the… Continue Reading

Balthazor: Individualized Questions as to Consent Torpedo Attempt to Certify TCPA Class Action

Posted in Class Certification, Predominance

Readers 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 Trends

Last 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 Practice

October 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

Ninth Circuit Upholds “Provisional” Class Certification for Entry of a Preliminary Injunction in TCPA Class Action

Posted in Adequacy, Ascertainability, Class Certification, Rule 23(b)(2)

The Ninth Circuit’s recent decision in a TCPA case—Meyer v. Portfolio Recovery Associates (pdf)—involves several interesting issues for class-action practitioners even outside the TCPA setting. First, a bit of background. In Meyer, the plaintiff sued a debt collector under the TCPA, alleging that it used an autodialer to call his cell phone number impermissibly. The plaintiff… Continue Reading

California Federal District Court Dismisses “Gotcha” TCPA Class Action Challenging Responses To “STOP” Text Messages

Posted in Class Action Trends, Motions Practice

The 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