Tag Archives: Telephone Consumer Protection Act

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

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

Yaakov v. FCC – Will TCPA Opt-Out Requirements Be Stricken for Permissive Faxes?

By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement transmissions that stated that “[a] facsimile advertisement . . . sent to a recipient that has provided prior express invitation or permission … Continue Reading

When a Published Data Breach is a Covered Data Breach

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 Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions

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

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

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

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies.  Standard Mut. Ins. Co. v. Lay,  2013 IL 114617 (Ill. 2013).  In so ruling, the Court … Continue Reading

Karlsgodt and Winquist to Speak at Strafford Web Seminar

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

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
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