Co-authored by: Erica L. Cook As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full relief on his or her individual claims under Fed. R. Civ. … Continue Reading
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
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
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
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
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
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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