05.22.19
Reversing dismissal of a purported class action under the Telephone Consumer Protection Act, the U.S. Court of Appeals for the Seventh Circuit held that an affirmative defense alleged by the defendant must be heard on the merits and that the trial court had erred by ruling the defense deprived the ...
05.01.19
In striking down a portion of the Telephone Consumer Protection Act (TCPA) as unconstitutional, the Fourth Circuit opened the door for more litigation against debt collectors.
Subway avoided liability under the Telephone Consumer Protection Act (TCPA) when an Illinois federal court dismissed the sandwich chain from the action, based on texts from T-Mobile offering its customers a free Subway sandwich.
Momentum continues to build for Telephone Consumer Protection Act (TCPA) legislation, with several bills pending in Congress and dozens of lawmakers signing on to support the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act.
Finding a lack of typicality, a Florida federal court denied class certification to a plaintiff suing a gym over text messages.
A fax sent by the defendant was “merely informational” and not an unsolicited advertisement, a Pennsylvania federal court has ruled.
One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic telephone dialing system guidance, courts remain split on what ...
04.25.19
On April 9, 2019, the New York City Council overwhelmingly approved legislation that will prohibit employers from requiring prospective hires to submit to pre-employment testing for the presence of marijuana.
04.24.19
Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit has ruled.
04.17.19
In perhaps the first decision of its kind, Magistrate Judge Joseph Spero of the Northern District of California issued on February 28, 2019 his 106-page Findings of Fact and Conclusions of Law (Order) in the ERISA class action Wit v. United Behavioral Health.
