Class Dismissed

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.
... ›
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
... ›
May 12, 2020 - Coronavirus (COVID-19), Privacy, TCPA, Class Action, Government Actions
Class Action Litigation in the Wake of COVID-19
By: Tiffany Cheung and Michael Burshteyn
Class action claims have taken on a new twist in the wake of COVID-19. Already, the global pandemic has generated litigation across a broad swath of areas, including privacy, data security, and consumer, among others. To date, hundreds of business lawsuits related to the
... ›
April 09, 2020 - TCPA
More Autodialer Confusion: Second Circuit Decision Deepens Circuit Split
By: Adam J. Hunt and Michael G. Ahern
On April 7, 2020, the Second Circuit Court of Appeals vacated a district court’s decision granting summary judgment to a defendant in a TCPA class action and deepened a split among federal courts by holding that the systems the defendant used to send text
... ›
March 26, 2020 - Coronavirus (COVID-19), TCPA
Text Messaging in a Time of COVID-19: FCC Guidance on “Emergency Messages” and Restrictions on Telemarketing in New York
By: Tiffany Cheung and Adam J. Hunt
With nearly half of the United States population being either urged or ordered to stay at home and avoid all non-essential travel in light of the COVID-19 crisis, modern forms of communication such as telephone calls, video chat, and, of course, text messaging, are
... ›
January 30, 2020 - Appellate & Supreme Court, TCPA
Supreme Court Grants Certiorari to Review Fourth Circuit's TCPA Decision
By: Tiffany Cheung
On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants, Inc. v. FCC , 923 F.3d 159 (4th Cir. 2019). Because this federal
... ›
June 14, 2019 - TCPA
Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA
By: Tiffany Cheung
In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers , 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision, concluded that the ordinance was invalid because it was
... ›
March 20, 2019 - TCPA
Is a TCPA Overhaul on the Horizon?
By: Tiffany Cheung
On January 16, Senators John Thune and Ed Markey reintroduced a bipartisan bill designed to update the Telephone Consumer Protection Act (TCPA) and ramp up enforcement against unwanted robocalls and text messages.[1] Purpose of TRACED The Telephone Robocall Abuse Criminal Enforcement and Deterrence Act
... ›
November 19, 2018 - Appellate & Supreme Court, TCPA
U.S. Supreme Court to Review Deference to the FCC in TCPA Cases
By: Tiffany Cheung
Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act? That is the question the United States Supreme Court will consider in PDR Network, LLC v. Carlton & Harris Chiropractic Inc. , Docket
... ›
October 02, 2018 - TCPA
Ninth Circuit Weighs In on the TCPA Following ACA International
By: Tiffany Cheung
On September 20, 2018, the Ninth Circuit weighed in on the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Marks v. Crunch San Diego, LLC , Case No. 14-56834 (Sept. 20, 2018).
... ›