Newsletters

05.10.18

Court Grants Class Certification—but Only for In-State Residents

A Telephone Consumer Protection Act (TCPA) defendant scored a victory after an Illinois federal court certified a class of plaintiffs limited to in-state recipients of the faxes at issue.


05.10.18

Verification Fax Found to Be Advertising

Do faxes that were sent to verify the contact information of recipients constitute advertising under the Telephone Consumer Protection Act (TCPA)?


05.10.18

Fourth Circuit: No Ratification, No Vicarious Liability

The U.S. Court of Appeals, Fourth Circuit affirmed summary judgment in favor of two Telephone Consumer Protection Act (TCPA) defendants the panel found were not vicariously liable for calls made by telemarketers promoting their products.


05.10.18

With Craigslist Ad, Plaintiff Provided Consent for Contact

A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida has ruled.


05.10.18

Health Insurance Quality Assurance Included Doctor Visits

By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the defendant.


05.10.18

Defendant’s Revocation Method Was Reasonable, Ending Suit

Edible Arrangements did not run afoul of the Telephone Consumer Protection Act (TCPA) by making it unreasonably hard for text recipients to revoke their consent, a New Jersey federal court has ruled.


05.10.18

New York Court Finds Coverage for TCPA Claims

A New York federal district court recently held that US Coachways, a bus charter broker, was entitled to coverage under its professional liability policy for the costs paid to settle a TCPA class action arising from the broker’s  advertising of its bus charters.


05.10.18

DOJ Announces Global Resolution Initiative for Companies Under Investigation

In a speech on May 9, 2018, Deputy Attorney General Rod Rosenstein announced another policy shift at the Department of Justice (DOJ), signaling that corporate accountability will be tempered by a coordinated multiagency approach to resolving cases, with the goal of avoiding “piling on” ...


05.03.18

California Makes Seismic Shift With New ‘ABC’ Independent Contractor Test

In a landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Charles Lee), the California Supreme Court adopted a new legal standard for determining whether workers should be classified as employees or as independent contractors for purposes of California wage orders ...


05.03.18

NBA 2K Tattoo Copyright Dispute Blocked

A case of whether tattoos are entitled to de minimis and fair use copyright protection continues to move through the courts, with a New York federal judge allowing a tattoo artist’s lawsuit against a video game manufacturer to move forward.