Category Archives: TCPA

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

1. Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has stalled in the Senate. Among other things, the House bill would dictate the method by which … Continue Reading

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

By Paul Werner and David Poell on July 12, 2017 Posted in TCPA

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means a party to contract cannot unilaterally revoke consent to receive automated calls.… Continue Reading

Enough is Enough: Court Dismisses TCPA Class Action Against A Health Plan That Placed Reminder Calls To Its Members That They Should Consider Their Options During The Annual Open Enrollment Period

By Jay Ramsey on January 18, 2017 Posted in Health/Pharmaceuticals, TCPA

Plaintiffs across the country have continued to file class actions against companies of all stripe for violation of the Telephone Consumer Protection Act (“TCPA”), often for communications far afield from the classic “telemarketing” calls that the TCPA was meant to prevent. Recently, a spate of class actions have been filed against health care providers and … Continue Reading

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

By David Poell and Shannon Petersen on April 22, 2016 Posted in Consumer, Federal Class Action, Settlements, TCPA

In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), the Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff’s lawsuit. However, the Court expressly left open the question of “whether the result would be different if a defendant deposits … Continue Reading

The TCPA And Mortgage Servicing Rules: Caught Between A Rock And A Hard Place

By Lisa Yun and Shannon Petersen on March 29, 2016 Posted in Consumer, Federal Class Action, TCPA

Mortgage servicers are heavily regulated. Usually, the worst that can be said is that the laws and regulations are many, complex, and onerous. Sometimes, however, they are contradictory.… Continue Reading

Mooting Plaintiff’s Class Action Even After Plaintiff Refuses An Offer Of Judgment

By Eric DiIulio and Shannon Petersen on March 29, 2016 Posted in Consumer, Federal Class Action, Settlements, TCPA

For years, litigants have battled over whether a defendant’s offer of judgment, which completely satisfies the plaintiff’s individual claim, can moot a class action. In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (2016), the U.S. Supreme Court recently held that no case is mooted when a plaintiff refuses to accept an offer of judgment. The … Continue Reading

Not Taking “Yes” For An Answer: U.S. Supreme Court Rules That Unaccepted Offer Of Complete Individual Relief Does Not Moot Plaintiff’s Individual Or Class Action Claim

By David Poell, Shannon Petersen and David Cannon on January 20, 2016 Posted in Consumer, Federal Class Action, Settlements, Supreme Court, TCPA, U.S. Supreme Court

On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer of judgment sufficient to completely satisfy an individual claim does not moot that claim or any class claim. The Supreme Court’s decision partially … Continue Reading

Supreme Court Takes On Class Actions, Again

By David Cannon on October 27, 2015 Posted in Class Certification, Consumer, Federal Class Action, Settlements, TCPA

Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it takes on issues that may continue to alter the landscape, including (i) whether settlement with a class representative can be … Continue Reading

In Sprint Victory, Judge Posner and the Seventh Circuit Hold That Arbitration Is Required in a TCPA Class Action Even Though the Alleged Violation Occurred After the Termination of the Contract

By Jay Ramsey on May 19, 2015 Posted in Arbitration, Federal Class Action, TCPA

On May 11, 2015, in an opinion written by Judge Posner, the Seventh Circuit reversed an order denying Sprint’s motion to compel arbitration in a class action allegation violations of the Telephone Consumer Protection Act (“TCPA”). The thrust of the dispute was not whether there was a valid agreement to arbitrate between Sprint and the … Continue Reading

Not So Small After All: CallFire Uses Common Carrier Defense to Defeat Rinky Dink TCPA Class Action Case

By Sheppard Mullin on March 18, 2015 Posted in Federal Class Action, TCPA

Last month, in Rinky Dink, Inc. v. Electronic Merchant Systems, et al., No 13-cv-01347, 2015 WL 778065 (W.D. Wash. Feb. 24, 2015), online voice and text provider CallFire became one of the first (if not the first) TCPA defendants to avoid liability for pre-recorded calls through the common carrier defense.… Continue Reading

Hold the Phone: Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants

By Sheppard Mullin on January 28, 2015 Posted in Consumer, State Class Action, TCPA

On December 12, 2014, Judge Sue E. Myerscough issued an epic 238-page order granting in part and denying in part cross summary judgment motions filed in United States of America, et al. v. Dish Network, L.L.C. (“Dish Network”). United States v. Dish Network, L.L.C., No. 09-3073, 2014 WL 7013223 (C.D. Ill. Dec. 12, 2014). Despite … Continue Reading

Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in TCPA Class Action Settlement

By David Poell and Shannon Petersen on April 9, 2014 Posted in Attorneys Fees, Federal Class Action, TCPA

In Americana Art China Company, Inc. v. Foxfire Printing & Packaging, Inc., 743 F.3d 243 (7th Cir. Feb. 18, 2014), the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s attorneys’ fees award in a class action settlement arising from the defendant’s faxing of thousands of unsolicited advertisements in violation of the … Continue Reading