Newsletters

09.27.17

A Winner for the Defense

Judge Padova in the Eastern District of Pennsylvania recently granted a motion by Kohl’s to dismiss a putative Telephone Consumer Protection Act class action for lack of standing in Winner v. Kohl’s, finding that texting a specific opt-in code after viewing a “call to ...


08.29.17

Data Breach Lawsuits Continue to Fill the Courts

Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against Barnes & Noble.


08.24.17

Lacking List of Recipients, Sixth Circuit Denies Class Certification

Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list of recipients the class cannot be ascertained, the U.S. Court of Appeals, Sixth Circuit declined to certify a class of tens of thousands of ...


07.26.17

Yet Another Blow to Spokeo Strategy in TCPA Cases

Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out World, which had dismissed a putative Telephone Consumer Protection Act (TCPA) class for lack of standing where the plaintiff had ...


06.29.17

Revocation? Think Again.

On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v. Lincoln Automotive Financial Services.


06.29.17

FTC, Amazon Refund Consumers

The Federal Trade Commission (FTC) mailed almost $2 million to consumers for bogus weight loss products while Amazon launched the refund process as part of its deal with the agency in an action involving in-app purchases by children.


06.02.17

Would-Be Employer Targeted in New TCPA Suit

Could employers be the next target for Telephone Consumer Protection Act class actions?


05.31.17

Supreme Court Refuses to Hear Interchange Settlement Appeal

The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in a case brought by retailers against the card networks and banks, ending any question as to whether that agreement would survive court ...


04.18.17

FCC Combats Spoofed Robocalls

As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a Notice of Proposed Rulemaking and Notice of Inquiry.


04.03.17

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule.