Last week, the Seventh Circuit (Judge Flaum, Judge Rovner, and Judge Castillo, Chief Judge of the Northern District, sitting by designation) undertook the heady task of analyzing the interplay of Indiana’s Automated Dialing Machine Statute (“Autodialer law”) and the Telephone Consumer Protection Act, 47 U.S.C.  227 (“TCPA”).  Patriotic Veterans, Inc. v. Indiana, Case No.

Apparently, Chief Justice Roberts has added to the United States Supreme Court’s wish list: a case that would allow the Court to address the “fundamental concerns” surrounding the use of cy pres remedies in class action settlements.

What is Cy Pres?

A cy pres remedy provides indirect benefits to class members (usually through defendant donations

On Thursday, November 14, 2013 at 12:00 p.m. Central, Chicago Seyfarth attorneys Jason Stiehl and Jordan Vick will present a Consumer Class Action Defense webinar, focusing on recent changes and decisions related to the Telephone Consumer Protection Act, or “TCPA”.  The topics they will cover include:

  • An overview of the Telephone Consumer Protection Act

In a decision handed down this week, a federal court in New Jersey did little to stem the tide of litigation under the Telephone Consumer Protection Act (“TCPA”).  Declining to follow New Jersey state court precedent, the district court held that claims based on the faxing of identical commercial advertisements met the requirements of Rule

The Circuits are split as to what effect an offer of judgment directed to a named plaintiff has on a putative class action.  The Seventh Circuit has taken a rigid view, holding that an unaccepted offer of judgment affording full relief to the named plaintiff renders a putative class action moot — unless there is

A threshold– and critical– determination in the defense of litigation brought pursuant to the Telephone Consumer Protection Act, 47 U.S.C. Sec. 227 et seq. (“TCPA” or “Act”) is whether an insurance policy provides coverage of the allegations set forth in the Complaint.  In a recent decision by the Missouri Supreme Court in Columbia Casualty Company

On July 15, 2013, Judge David O. Carter of the U.S. District Court for the Central District of California entered an opinion in Craftwood II, Inc. v. Tomy International, Inc., No. SA CV 12-1710 (C.D. Cal.), denying defendant’s motion for summary judgment and rejecting defendant’s argument that its offer of judgment mooted plaintiff’s claims.

Adding to the growing list of Defendants forced into large settlements under the Telephone Consumer Protection Act (“TCPA”), the Northern District of California approved a $6 million common fund class settlement, inclusive of a 25%, or $1.5 million, attorneys’ fees allocation.

Factual Background

On May 27, 2011, two individuals filed a class action lawsuit against