Newsletters

07.09.18

The Second Circuit Weighs In on ACA International

Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA International to the Telephone Consumer Protection Act (TCPA) ...


07.09.18

District Courts Rule on ATDS Post-ACA International

Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed results, indicating the courts are still working through ...


07.09.18

First Appellate Court Opinion Post-ACA International

As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s (FCC) previously restrictive interpretation of what constitutes an ...


06.27.18

Employers Score Insurance Coverage From California Supreme Court

In a victory for employers, the California Supreme Court ordered an insurer to provide coverage to a policyholder facing a negligent hiring, retention and supervision lawsuit.


06.20.18

Supremes: No More Class Action Stacking

A putative class action plaintiff may not launch a new class action lawsuit after an earlier court denies class certification if the applicable statute of limitations has run, says the U.S. Supreme Court, in a unanimous ruling in China Agritech v. Resh.


06.18.18

Court Rules: PAGA Claim Doesn’t Require Injury

A Private Attorneys General Act (PAGA) claim based on the failure to provide and maintain accurate wage statements as required by the California Labor Code does not require proof of injury, a California appellate panel has ruled.


05.31.18

No Authority No Control Means No Vicarious Liability

The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...


05.31.18

Proposed Legislation, Testimony and Proposed Rulemaking on Robocalls

Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...


05.31.18

Derivative Sovereign Immunity for TCPA Defendant Ends Lawsuit

Thanks to the doctrine of derivative sovereign immunity, a defendant was absolved of liability in a Telephone Consumer Protection Act (TCPA) class action by the Fourth Circuit in Cunningham v. General Dynamics Information Technology, Inc. in April 2018.


05.31.18

Claims Based on TCPA, Not Contract, Means No Arbitration

Reversing a district court’s order to arbitrate a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Ninth Circuit determined in April 2018 in Rahmany v. T-Mobile USA, Inc. that the plaintiffs’ claims were based on violations of the statute unrelated to ...