Tag Archives: tcpa

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

D.C. Circuit May Have Finally Killed TCPA Class Actions Over Solicited Faxes Without Opt-Out Notices!

Photo of Sammantha TillotsonPhoto of Casie CollignonBy Sammantha Tillotson and Casie Collignon on Posted in Advertising Class Action
On Friday, in a split decision, the United States Court of Appeals for the District of Columbia Circuit entered its long-awaited ruling in Yaakov v. Federal Communications Commission, holding that “the FCC’s 2006 Solicited Fax Rule is [] unlawful to the extent that it requires opt-out notices on solicited faxes.” Order, Yaakov v. Federal Communications … 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

Those Blasted Exclusions! Court Rules that Notice of TCPA Exclusion in Renewal Policy was Valid

By C. Zachary Rosenberg on Posted in Class Action Trends, Insurance, Ohio, Settlements
Last week, the Illinois Court of Appeals released an opinion ruling that Cincinnati Insurance Company has no obligation to contribute an additional $4 million to a settlement of a class action claim brought under the Telephone Consumer Protection Act (TCPA).  Windmill Nursing Pavilion Ltd. v. Cincinnati Insurance Co. et al., 2013 IL App (1st) 122431 … 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

Karlsgodt and Winquist to Speak at Strafford Web Seminar

By Guest Blogger on Posted in Events
Class Action Lawsuit Defense blog contributors, Paul Karlsgodt and Justin Winquist, will be speaking in an upcoming Strafford live phone/web seminar, “Class Actions for Telephone and Fax Solicitation and Advertising Post-Mims,” scheduled for Wednesday, March 20, 1:00-2:30 p.m. EDT. For more information or to register>> Or call 1-800-926-7926 ext. 10 (ask for TCPA Class Actions … Continue Reading

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

Photo of Justin WinquistBy Justin Winquist on Posted in Class Actions Privacy
Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor blog. Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast” statute, prohibits unsolicited faxes and automated calls … Continue Reading

Seventh Circuit Rebukes Class Counsel

By Brett Wall on Posted in Class Action Trends
In a recent decision, the Seventh Circuit held that bad behavior by class counsel can lead to denial of class certification, even where that behavior doesn’t rise to the level of “the most egregious misconduct.” In Creative Montessori Learning Centers v. Ashford Gear LLC, 662 F.3d 913 (7th Cir. 2011), Plaintiffs brought a purported class … Continue Reading
LexBlog