Adrienne Lee

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New FCC Interpretation Of “Express Consent” To Increase TCPA Class Action Liability

Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using automated systems or artificial or pre-recorded voice unless the consumer gives “prior express consent.” The TCPA imposes statutory penalties of … Continue Reading

The Federal Arbitration Act Preempts Any Right To A Class Action Under State Law

The California Court of Appeal recently held that the Federal Arbitration Act (FAA) preempts any statutory right to a class action under the California Consumers Legal Remedies Act (CLRA). See Caron v. Mercedes-Benz Financial Services USA LLC et al., — Cal.Rptr.3d —-, 2012 WL 2579662 (Cal.App. 4 Dist.). In doing so, the court applied the … Continue Reading
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