Class Actions – TCPAWorld

Welcome to 2021, TCPAWorld. May it be slightly less terrible than 2020. And on that note, here are my predictions for the TCPA and calling regulations in 2021. 1) Increase…

Class Actions

Michigan Court Refuses to Dismiss Fax Case on Pleadings Despite Agreeing that Fax Did not Describe Anything “Bought or Sold”

2 Dec 2020

The TCPA only prohibits "advertisements" sent using a fax machine. So if a fax is not an advertisement, there is no liability. Simple, right? Not always. In a nuanced and…

Class Actions

No Double Recovery by Class Members: Revocation Class Stricken as Duplicative of No Consent Class

29 Oct 202029 Oct 2020

As abusive as the TCPA’s statutory damages of $500-$1,500.00 per call, some courts struggle with whether that recovery should be even higher. It is not uncommon for Plaintiffs to look…

Class Actions…

Ignoring TCPA Class Action is a BAD Strategy

6 Oct 20206 Oct 2020

We get it. TCPA class actions cause headaches, or worse. Courts agree. The Eleventh Circuit recently described the in terrorem character of the TCPA class action, observing the "pressure to…

Arbitration…

Despite Agreement, No Arbitration! Hawaii District Court Declines to Enforce Arbitration Clause Against Non-Party Debt Collector

9 Sep 2020

For nearly a century, federal law has favored arbitration where the parties agree to it. This rule typically extends to a "nonsignatory" who does not sign the contract but who…

Class Actions…

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

1 Sep 2020

Pleading a TCPA claim is usually not the tricky part for a plaintiff, and courts normally do not dismiss TCPA lawsuits on the pleadings alone. But a recent decision provides…

ATDS/Predictive Dialer Cases…

Missed Marks: Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

26 May 202028 May 2020

As TCPAWorld is well aware, the 9th Circuit’s Marks decision broadly defines what constitutes an ATDS under the TCPA. And, of course, this decision has led plaintiffs to seek out…

Class Actions…

“Be Sure to Order it”: PETA and Beyond Meat Embroiled in New Multi-Million Dollar TCPA Class Action For Robotexts Pushing Fake Meat

19 Mar 202022 Mar 2020

While TCPA filings are slowing down a bit—like everything else lately—the rules governing telemarketing text messages have not softened an ounce. Mass blast marketing messages remain subject to the TCPA—at…

Class Actions

When In Doubt, Wait for Clarity: Another Court Stays a TCPA Case Pending Supreme Court’s Review of Constitutionality of TCPA

26 Feb 202027 Feb 2020

As the Czar just explained yesterday, the big SCOTUS TCPA review is likely to have profound impact on the scope of the TCPA--and possibly our freedom to speak more broadly. Following…

Class Actions…

Up in Smoke: TCPA Class Action against Cannabis Delivery Company Wacked on Numerosity Grounds

29 Jan 202031 Jan 2020

Sometimes worlds collide. Indeed, these days, the Controlled Substances Act is not the only federal law that may hound cannabis pioneers. Rather, TCPAWorld continues to butt heads with the growing…

ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020

For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…

Class Actions

Seeking Court’s Approval of Class Settlement? Try Again!

12 Dec 2019

After an initial failure to obtain court’s preliminary approval of class settlement in a total sum of six million dollars, the parties filed another motion seeking approval of settlement in…

Class Actions…

TCPA Class Melts Under Sweltering Scrutiny: Company-Wide Training Policy and Plaintiff’s “Distressing” Ignorance of Her Claim Against Ice Cream Company Defeats Typicality and Adequacy

5 Dec 201912 Dec 2019

Like many chains, Häagen-Dazs operates a Rewards Program where members receive points for their purchases, coupons, and other offers, as well as information regarding their favorite creamery. The Rewards Program…

Class Actions

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes

3 Dec 20194 Dec 2019

If you're reading TCPAWorld.com you know the TCPA is no ordinary statute. And rather obviously TCPA class litigation matters are among the biggest and most complex cases out there. While…

Class Actions…

This is HUGE! Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members

18 Nov 201919 Nov 2019

For those of you that hate hearing me talk about being right all the time, probably stop reading this one now. One of the messiest splits of authority in the…

Class Actions

Class Members Thought They Would Get $900, but End Up With $22

15 Nov 201919 Dec 2019

Imagine expecting to receive a $900.00 settlement payday only to walk away with a check for 22 bucks! That’s what happened in Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist.…

Class Actions…

Big TCPA Win For Debt Collector—Court Refuses to Certify TCPA Case Against Debt Collector Allegedly Calling Wrong Numbers Because Data Lies and So Do People

7 Oct 20198 Oct 2019

TCPAWorld followers have heard me crow a time or two about my big win in Tillman in which my client defeated certification in a TCPA wrong number code class case…

Class Actions…

Unmask The Real Class: Latest Disastrous TCPA Discovery Decision Shows Why Moving to Strike Class Allegations is So Essential

16 Sep 201917 Sep 2019

I’ve said it a hundred times—do not let failsafe class definitions or overly broad classes slip past the pleadings stage in TCPA class actions. Doing so sets you up for…

Class Actions

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

11 Sep 201913 Sep 2019

TCPA cases against debt collectors and first-party creditors are notoriously difficult to certify. They typically involve individual issues of consent and revocation that make certification impossible. But when a debt…

Class Actions

Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing

28 Aug 201913 Jan 2020

The Supreme Court’s landmark decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016), seemingly held so much promise for TCPAWorld. After all, how could a single phone call or…

Class Actions…

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…

No Consent For You: SDNY Magistrate Judge Recommends Certifying No-Consent Class Against Now-Closed NYC Cantina Based On Lack Of Evidence Of Consent.

12 Aug 201913 Aug 2019

We often remark that the TCPA can, and does, affect businesses across industries. A once-popular New York City restaurant learned that lesson the hard way, when a Southern District of…

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…

Category: Class Actions

Out With The Old, In With The New: Archduke’s 2021 TCPA Predictions

Michigan Court Refuses to Dismiss Fax Case on Pleadings Despite Agreeing that Fax Did not Describe Anything “Bought or Sold”

No Double Recovery by Class Members: Revocation Class Stricken as Duplicative of No Consent Class

Ignoring TCPA Class Action is a BAD Strategy

Despite Agreement, No Arbitration! Hawaii District Court Declines to Enforce Arbitration Clause Against Non-Party Debt Collector

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

Missed Marks: Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

“Be Sure to Order it”: PETA and Beyond Meat Embroiled in New Multi-Million Dollar TCPA Class Action For Robotexts Pushing Fake Meat

When In Doubt, Wait for Clarity: Another Court Stays a TCPA Case Pending Supreme Court’s Review of Constitutionality of TCPA

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

Seeking Court’s Approval of Class Settlement? Try Again!

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes

This is HUGE! Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members

Class Members Thought They Would Get $900, but End Up With $22

Big TCPA Win For Debt Collector—Court Refuses to Certify TCPA Case Against Debt Collector Allegedly Calling Wrong Numbers Because Data Lies and So Do People

Unmask The Real Class: Latest Disastrous TCPA Discovery Decision Shows Why Moving to Strike Class Allegations is So Essential

Ouch: California Debt Collector Hit With $267 Million TCPA Verdict

Spokeo Has Teeth!: Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing

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

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

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

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

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

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

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

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

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

TCPA SAGA: DR. MAUTHE REVISITED

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

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

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

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

Invasion of Privacy Exclusion Bars Coverage for TCPA Action and Settlement