Archives: TCPA

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

Photo of Sam CamardoBy Sam Camardo on 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 Ties Class Counsel’s Recovery of Attorneys’ Fees to Amount Claimed by Class, in Context of a Judgment

Photo of Kristen HawesBy Kristen Hawes on Posted in TCPA
On November 14, 2017, the Seventh Circuit issued its third opinion ending a class action that was almost a decade old. Holtzman v. Turza, No. 17-2330, 2017 WL 5450484 (7th Cir. Nov. 14, 2017). The class action alleged that the defendant violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, by sending an … Continue Reading

TCPA Class Denied Certification Due to Binding Authority of Yaakov and Proof of Individualized Issues of Consent

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in TCPA
A recent order from the Northern District of Illinois granted a defendant’s motion to deny class certification regarding “unsolicited” fax advertisements allegedly sent in violation of the Telephone Consumer Protection Act (TCPA). The decision is notable in two respects. First, the court held that the D.C. Circuit’s recent decision in Bais Yaakov of Spring Valley … Continue Reading

When a Published Data Breach is a Covered Data Breach

Photo of Dustin DowBy Dustin Dow on Posted in Data Breach, TCPA
Can an inadvertent Internet posting of a patient’s medical information trigger insurance coverage for liability stemming from a data-breach class action? The Fourth Circuit held last week that it can, and it added to the growing body of case law construing what “publication” means in the context of whether class liability is covered by commercial … Continue Reading

Supreme Court Nixes Defendants’ Attempts to Get Rid of Class Actions by Making “Pickoff” Offers to Settle Named Plaintiffs’ Individual Claims

Photo of Jacqueline MatthewsBy Jacqueline Matthews on Posted in TCPA
Editor’s Note: Originally published by the Columbus Chamber of Commerce, this article appeared on their website March 10 2016. It is republished to BakerHostetler’s Class Action Lawsuit Defense blog with their permission. The Supreme Court recently held that a defendant cannot get rid of a class action by merely offering to settle with the named plaintiff on … Continue Reading

Supreme Court Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions

Photo of Rand L. McClellanPhoto of Jacqueline MatthewsBy Rand L. McClellan and Jacqueline Matthews on Posted in TCPA
Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live controversy remains between the parties. Campbell-Ewald Co. v. Gomez, No. 14-857. The upshot of the Court’s decision is that … Continue Reading

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling,

Photo of Rand L. McClellanBy Rand L. McClellan on Posted in TCPA
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the Telephone Consumer Protection Act (“TCPA”).  Dominguez v. Yahoo, Inc., No. 14-1751, slip op. at 9 (3d Cir. Oct. 23, 2015). The … Continue Reading

Judge Easterbrook Holds Unaccepted Offer of Judgment Does Not Moot an Individual TCPA Claim

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Class Certification, TCPA
As we covered here, the U.S. Supreme Court accepted certiorari in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), to decide the question of whether a full-relief offer of judgment under Federal Rule of Civil Procedure 68, made prior to the plaintiff’s moving for class certification, would moot a TCPA class action. The … Continue Reading

Supreme Court to decide if a TCPA class action can be mooted by a pre-certification offer of judgment

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in TCPA
Yesterday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a text message that a contractor, defendant Campbell-Eward, sent on behalf of the U.S. Navy in May 2006. The … Continue Reading

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

By C. Zachary Rosenberg on Posted in Consumer Class Action, Insurance, TCPA
On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because the insured’s robocalls did not constitute conduct of the insured’s business “in rendering services for others,” as required by … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Photo of Casie CollignonPhoto of Justin WinquistBy Casie Collignon and Justin Winquist on Posted in Rule 12 Motions to Dismiss, TCPA
Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014, of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

Sixth Circuit Affirms Certification and Summary Judgment for TCPA Class, Despite State Law Class Action Prohibition

By Judy Selby on Posted in Class Actions Privacy, Class Certification, Consumer Class Action, State Class Action Law, TCPA
On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City’s argument that Michigan law prohibited TCPA class actions.  American Copper & Brass, Inc. v. Lake City Industrial Products, Inc., Case No. 13-2605, (6th Cir. 2014).  In addition, … Continue Reading

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

By C. Zachary Rosenberg on Posted in Insurance, TCPA
Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision precluding insurance coverage for TCPA class actions on that basis.  Standard Mutual Ins. Co. v. Lay, 2013 IL 114617 (2013).  The … Continue Reading

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

By Judy Selby on Posted in TCPA
On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA).  Nationwide Mutual Insurance Co. v. David Randall Associates, Inc., No. 13-1515 (U.S. Court of Appeals for the Third Circuit, … Continue Reading

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

By Judy Selby on Posted in TCPA
Co-authored by: C. Zachary Rosenberg The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes.  TCPA plaintiffs typically claim that they received unwanted calls, texts or faxes in furtherance of telemarketing campaigns, and that their damages include the loss of ink … Continue Reading

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

By Judy Selby on Posted in Insurance, TCPA
On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance policies.  Nationwide Mutual Insurance Company v. Harris Medical Associates, LLC, No. 4:13-CV-7 CAS, United States District Court, Eastern District of Missouri … Continue Reading

New Jersey Judge Certifies TCPA Junk Fax Class

Photo of Julian PerlmanBy Julian Perlman on Posted in Advertising Class Action, Class Certification, Consumer Class Action, TCPA
In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. § 227(b)(1)(C)). In A&L Industries Inc. v. P. Cipollini Inc., case no. 2:12-cv-07598 in the U.S. District Court for the District of New Jersey, … Continue Reading

Not Just Yet: Class Action Plaintiff Cannot Access Defendant’s Insurance Coverage

By Judy Selby on Posted in Insurance, TCPA
On July 10, 2013, the Eastern District of Missouri Federal District Court refused to allow a class action plaintiff to directly access the defendant’s insurance coverage for plaintiff’s Telephone Consumer Protection Act (TCPA) claims while the TCPA class action lawsuit remained pending.  Evanston Insurance Company v. Harris Medical Associates, LLC, and St. Louis Heart Center, … Continue Reading
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