Sam Camardo

D.C. Circuit vacates FCC’s definition of ATDS but upholds consent-revocation rule in ACA International v. Federal Communications Commission

By Sam Camardo on March 29, 2018 Posted in TCPA

In 2015, the FCC issued an order that addressed certain aspects of the Telephone Consumer Protection Act. Congress enacted the TCPA in 1991 to address perceived abuses of telephone equipment that allowed entities to autodial consumers’ phones. Three of the issues addressed in ACA will affect all entities that call consumers. Specifically, the FCC’s 2015 … Continue Reading

Seventh Circuit Throws Out TransUnion’s Clickwrap Agreement and Incorporated Class Waiver

By Sam Camardo on April 7, 2016 Posted in Arbitration

In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers. The Supreme Court’s recent decision in DIRECTV, Inc. v. Imburgia, 136 S. Ct. 463 (2015) reinforces that defense, and assures that the … Continue Reading

Disproportionately Favoring the Named Plaintiffs Kills Settlement, Says Sixth Circuit

By Sam Camardo on March 4, 2013 Posted in Adequacy of Representation, Class Certification, Consumer Fraud, Injunctions, Rule 23 Requirements, Settlements, Superiority

The Sixth Circuit recently limited defendants’ ability to craft settlements that disproportionately favor the class representatives. Vassalle v. Midland Funding LLC, — F.3d –, 2013 WL 673517 (6th Cir. Feb. 26, 2013). Though the court did not pass on the ubiquitous incentive award, its skepticism of “preferential treatment” for class representatives might cause district courts … Continue Reading