Newsletters

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.


06.02.17

Would-Be Employer Targeted in New TCPA Suit

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


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.