Class Actions – TCPAWorld

Don’t Play Dead: Another Court Certifies Default TCPA Class Action and Orders Invasive Class Discovery on Defaulted Defendant

19 Aug 201920 Aug 2019

It might work for opossums, but as I reported a few weeks back, playing dead in TCPAWorld is not a winning strategy—it just makes it easier for a court to…

Class Actions…

SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

19 Aug 201920 Aug 2019

On August 14, 2019, the Southern District of New York became the latest court to deny class certification in a “wrong number” case, finding that any common issues regarding how…

Class Actions…

TCPA Quick Hitter: Court Rules Class Notice Need Not Advise Class Members They May be Deposed or Subpoenaed to Trial

15 Aug 201919 Aug 2019

Although I have been fortunate enough to defeat every certification effort I’ve been involved in to date--*knocking on so much wood*-- I have recently been called in to assist on…

Class Actions…

Too Cozy for Comfort?: Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community

12 Aug 201914 Aug 2019

TCPA litigation is big business. TCPA class lawyers make millions for the right case and competition for good leads is fierce. As I have said many times, however, TCPA class…

Class Actions…

Ouch: Brutal TCPA Certification Ruling Uses Agency as Common Issue and Finds Defendant Waived Key Arguments While Failing to Introduce Necessary Evidence on Consent

9 Aug 201912 Aug 2019

Wednesday was a bad day for a TCPA defendant in a case down in San Diego. As I’ve said many times, strange rules exist in TCPA certification cases that do…

Class Actions…

Path Uncertain? Georgia Federal Court Claims Power to Certify TCPA Class Against Defaulting Defendant Based On Ambiguous Standards

2 Aug 20197 Aug 2019

If a defendant defaults in a TCPA case, can the plaintiff still seek class certification of his or her claims against that defendant? In Hobbs v. Entrevoice Virtual Sols., Inc., …

Class Actions…

One of These Things Is Not Like The Other: Emails Are Not Subject To The TCPA, Even If You Get Them On Your Smartphone.

19 Jul 201922 Jul 2019

Common sense prevails: a Texas federal court holds that an email is not the same thing as a text message and is not subject to the TCPA. See McCarrell v.…

Arbitration…

Krakauer Saga Continues: District Court Makes Interesting Rulings on Parties’ Objections As It Slogs through Claims Administration Process

12 Jul 201915 Jul 2019

Well, TCPAWorld, here is a brief update on the Krakauer case, on which the Czar recently reported, wherein the Fourth Circuit deemed the TCPA’s DNC provisions a “Model of Clarity.”…

Class Actions

A Rock And A Hard Place: Court Denies TCPA Defendant Post-Certification Leave To Add Bristol-Myers Squibb Affirmative Defense

12 Jul 201915 Jul 2019

Seemingly every class action plaintiff’s attorney has a canned response to a Rule 12(b)(2) motion to dismiss non-resident putative class members: that it is premature to even consider the motion…

Class Actions

TCPA SAGA: DR. MAUTHE REVISITED

3 Jul 20198 Jul 2019

You may remember the name Dr. Mauthe. Having received unsolicited faxes asking him to update his professional contact information, he argued that the ultimate “profit motive” of the sender made…

Class Actions

That’s A Wrap: Court Grants Final Approval to Text Message TCPA Class Action Settlement

1 Jul 20193 Jul 2019

On June 27, 2019, the Southern District of Florida granted final approval to a class action settlement in Mohamed v. Off Lease Only, Case No. 15-cv-23352-Civ-COOKE/LOUIS, 2019 U.S. Dist. LEXIS…

Arbitration…

Move-On: Court Enforces Arbitration Agreement Contained in “Hyperlinked” TOCs–Douses Putative TCPA Class Action

26 Jun 201927 Jun 2019

We have yet another interesting TCPA arbitration decision out of a California federal court to share with TCPAWorld. The court was tasked with deciding two issues: whether an arbitration agreement…

ATDS/Predictive Dialer Cases…

Not A Relaxing Message: Plaintiff Defeats Motion to Dismiss Her TCPA Action Claiming Spa’s Use Of An ATDS To Send Text Advert

10 Jun 201911 Jun 2019

A decision last week from the Southern District of Florida illustrates the level of pleading detail necessary to survive dismissal of a TCPA claim predicated on the sending of text…

Class Actions…

TCPA’s DNC Provisions Deemed “Model of Clarity:” Fourth Circuit Court of Appeal Affirms $61MM Judgment Against Dish—Suggests TCPA DNC Cases Should Be Commonly Certified

31 May 20194 Jun 2019

Wow. This one is big, and odd, and wonderful in a scary sort of way. Rarely does a Circuit Court of Appeal decision advocate the benefits of class certification under…

Class Actions

Invasion of Privacy Exclusion Bars Coverage for TCPA Action and Settlement

31 May 20193 Jun 2019

From Squire Patton Bogg's Insurance and Reinsurance Disputes Blog InReDisputesBlog.com Where an insurance policy has an express exclusion for Telephone Consumer Protection Act (“TCPA”) claims it is pretty clear that coverage will…

Class Actions…

Testing Adequacy and Typicality: California Federal Court Restricts TCPA Defendant’s Ability to Examine Serial Plaintiff’s Sources of Income.

29 May 201931 May 2019

The TCPA was enacted to stop certain types of telemarketing robocalls, not create a cottage industry for professional plaintiffs who file hundreds of TCPA lawsuits. But as we have covered…

Class Actions

Message Still Not Received: Company Fails In Yet Another Bid to Certify Fax Class Action

22 May 201923 May 2019

One TCPA plaintiff’s national tour of district courts has certainly not been going well. Back in April, we reported on how the District of Connecticut rejected plaintiff Gorss Motels' third…

Class Actions…

TCPA Quick Hitter: When is there Specific Personal Jurisdiction Over an Out-of-State TCPA Defendant?

21 May 201922 May 2019

TCPA defendants often face the peril of being dragged into court in faraway venues. This can make defending the case difficult, needlessly expensive and may subject to the Defendant to…

Class Actions…

No Answers: Court Certifies TCPA Class After Defendant Defaults—Directs Discovery on Class Identity and Damages

14 May 201916 May 2019

Have you ever wondered what would happen if you just didn’t respond to that TCPA class action complaint? One Florida company just found out. (Spoiler alert: bad stuff happens.) In…

Class Actions…

TCPA Trimmer: Yet Another Ruling Finds that Bristol Myers Squibb Requires Dismissal of Out-of-State Rule 23 Class Members

14 May 201916 May 2019

Last year the US Supreme Court handed down the decision in Bristol Myers Squibb v. Superior Court, concluding that out-of-state mass tort Plaintiffs could not sue a Defendant for claims…

Class Actions

Class Certification in TCPA Action Denied Because Class Representative was in a Class of Her Own

7 May 20198 May 2019

You can pick your friends, you can pick your nose, and as the Southern District of Florida recently demonstrated, you most definitely can pick your plaintiff. In two recent orders…

Class Actions…

District Court Denies Defendant’s Bid to Bifurcate Discovery on Safe Harbor Defense, But Stay Tuned

7 May 20198 May 2019

Defendants hit with TCPA suits are often in the unenviable position of having to expend substantial amounts of time and money to prevail on claims that lacked merit from the…

Class Actions…

Let’s Get Technical!: Court Refuses to Certify Wrong Number Debt Collection Suit in Expert-Driven Analysis

30 Apr 20191 May 2019

It should be no surprise that courts in the Northern District of California--home of silicon valley and the tech-saviest judges in the nation-- tend to be data nuts. While some…

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