Class Actions – TCPAWorld

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…

Class Actions

Affirmatively Non-Affirmative Defenses: Court Strikes Multiple Defenses To A TCPA Claim The Defendant Improperly Characterized As “Affirmative” Defenses.

24 Apr 201929 Apr 2019

Federal district courts are busy. They have important cases, including significant criminal cases where a defendant’s freedom is on the line and real civil suits that can make or break…

Arbitration…

Broader Is Better: Court Holds Arbitration Agreement Targeted To Medical Malpractice Lawsuits Is Ambiguous As Applied To TCPA Claims.

23 Apr 201924 Apr 2019

As we have mentioned before at TCPAWorld, drafting clear arbitration agreements, broad enough to cover all future disputes, is critical in consumer contracts. Failure to do so can lead to…

Class Actions…

Content Doesn’t Matter: Court Holds Callers’ Intent Alone Dictates Telemarketing in Certifying Massive TCPA Class Action

11 Apr 201911 Apr 2019

GoDaddy has got to be scratching its head right about now. It finds itself on the wrong side of what looks to be one of the largest certified TCPA classes…

Class Actions…

The TCPA and Tiger Woods: Florida District Court Lets the Ball Lie on Issue of Constitutionality

10 Apr 201911 Apr 2019

A United States District Court Judge for the Southern District of Florida must have Masters Weekend on her mind, because she just tee-d up a constitutional challenge to our favorite…

Class Actions

Message Received? Company Fails Again in Third Bid to Certify Solicited Fax Class Action

9 Apr 201910 Apr 2019

Enough already.As the Czar wrote recently, the FCC's disastrous solicited fax rule has finally been withdrawn. But that has not prevented the coils of fruitless TCPA class actions seeking to…

Class Actions…

Meaningful Telemarketing Involvement: Court Holds Provider of Virtual Callback Numbers Is Potentially Liable for TCPA Violations

1 Apr 20192 Apr 2019

A telemarketer contracted with the operator of dialing equipment to send unwanted telemarketing calls to the plaintiff. That’s a common fact pattern, and it isn’t that unusual for a plaintiff…

Class Actions…

It’s a Long Way Down the Holiday Road – Court Certifies State (But Not Nationwide) Class Against Cruise Line in TCPA Case

26 Mar 201927 Mar 2019

Last week brought another decision from the Northern District of Illinois holding that Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), applies to class actions…

Class Actions

Here’s Your Class, Now Go Find It: District of New Mexico Approves TCPA Class Notice Procedure That Demonstrates Why Certification Should Have Been Denied.

12 Mar 201913 Mar 2019

In the latest chapter of the Lavigne v. First Community Bancshares saga, the District of New Mexico approved a very broad notice plan based on the notoriously unreliable reverse-lookup method.…

Class Actions…

Nothing Skinny About this $3MM Settlement: Jenny Craig Class TCPA Deal Receives Final Approval.

8 Mar 201912 Mar 2019

With an $840,000 fee award, class counsel in Bloom v. Jenny Craig should have no trouble paying for a gym membership. The Southern District of Florida gave final approval to…

Class Actions…

New TCPA Class Action theory Rejected: Court Denies Certification of Revocation-by-Bankruptcy TCPA Class

7 Mar 20198 Mar 2019

I love a well-written certification denial in the morning. Especially from Florida. Especially rejecting a new and novel certification theory. Oh hey, look at this. As the years roll by…

Class Actions…

One Way Out?: District Court Grants TCPA Defendant’s Request To Pursue Individual Discovery And Motions Before Class Discovery.

5 Mar 20196 Mar 2019

The defendant in Katz v. Liberty Power Corp. faced a common dilemma: the prospect of expense class discovery even though the named plaintiff’s individual claims appear weak. See No. 18-cv-10506,…

Class Actions

Out of the Frying Pan: Plaintiff’s Certification Bid Goes from Bad to Worse When Reconsideration Papers Only Highlight More Sound Reasons to Deny Certification

4 Mar 20197 Mar 2019

Sometimes the best motion is the one you don’t file. One putative TCPA class representative found that lesson out the hard way. In Powell v. Youfit Health Clubs LLC, Case…

Class Actions…

Feeling Uncomfortable: Class Counsel Must Live With Rule 68 Offers Targeting Class Representative Court Says

1 Mar 20194 Mar 2019

We have all heard it from putative class counsel before: “I can’t entertain a settlement offer on an individual basis.” Sure you can, as one recent decision out of the…

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