Class Dismissed

June 07, 2022 - TCPA
Another State Imposes Prior Consent Obligations for Telemarketing Calls - Along with a Private Right of Action
By: Tiffany Cheung and Julie O'Neill
Nearly one year after Florida introduced a law that imposes broad prior consent requirements on phone and text solicitations (in apparent response to the U.S. Supreme Court’s narrowing of the applicability of the federal Telephone Consumer Protection Act (TCPA)), Oklahoma has followed suit. The
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April 25, 2022 - Appellate & Supreme Court, TCPA
The Praxis of Faxes: Circuits Split on the Meaning of “Advertisement” Under the TCPA
By: David J. Fioccola, Alexandra Preece Barlow and Lily Valentine Westergaard
A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA). In a February decision, the Second Circuit held that under the plain text of the TCPA,
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April 22, 2022 - Appellate & Supreme Court, TCPA
TCPA Litigation Review and Update
By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard
David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA). "Last year marked another year of important developments in the Telephone Consumer Protection Act (“TCPA”) landscape as
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January 05, 2022 - Privacy, Appellate & Supreme Court, TCPA
Privacy Litigation 2021 Year in Review: TCPA Litigation
By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the
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August 13, 2021 - Appellate & Supreme Court, TCPA, Class Certification, Class Action
Class Objections and Robocalls
By: Lena H. Hughes and Adam L. Sorensen
This week, the Court addresses when a defendant can raise personal jurisdiction objections to non-resident members of a putative class, and explains the scope of the Telephone Consumer Protection Act’s prohibition on robocalls to cell phones. MOSER v. BENEFYTT The Court holds that a
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July 06, 2021 - Privacy, TCPA
TCPA-Like Florida Law Takes Effect
By: Julie O'Neill and Tiffany Cheung
Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private
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April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer
By: Tiffany Cheung, Julie O'Neill and Michael Burshteyn
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an
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January 19, 2021 - Privacy, TCPA, Class Action
Privacy Litigation 2020 Year in Review: TCPA Litigation
By: David J. Fioccola and Lily Valentine Westergaard
In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the
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October 09, 2020 - TCPA, Consumer Products, Arbitration, Class Action
Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree
If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement? The Ninth Circuit recently answered “no” in Revitch v.
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July 16, 2020 - Appellate & Supreme Court, TCPA
Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)
By: Tiffany Cheung and Tiffani B. Figueroa
Barr v. Am. Ass’n of Political Consultants, Inc. , 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015 government-debt exception to the Telephone Consumer Protection Act
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