Newsletters

11.28.17

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA) class action pending over 800 miles away in the Northern District ...


10.31.17

Reassigned Numbers: Commenters Embrace Database, Split on Safe Harbor

Of the dozens of comments filed in response to the Federal Communications Commission’s (FCC) request on how to handle the problem of reassigned numbers, the majority appeared to support the agency’s plan to establish a central database, although opinions differed on the details.


10.31.17

Human Intervention Means Program Not ATDS, Illinois Court Rules

Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant.


10.31.17

Court Reduces TCPA Damages From $1.6B to $32M

Finding $32 million to be a more reasonable award than $1.6 billion, a Missouri federal court judge ordered the producers of “Last Ounce of Courage” to pay for phone calls promoting the movie that ran afoul of the Telephone Consumer Protection Act (TCPA).


10.31.17

Eight-Figure Settlements Continue for TCPA Disputes

Multimillion-dollar settlements continue to be a popular solution to Telephone Consumer Protection Act (TCPA) class actions, as demonstrated by a recent retailer agreement.


10.31.17

Second Circuit Refuses to Rehear Consent Revocation Case

In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application.


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 ...


08.24.17

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.