For lawyers who frequently litigate class action lawsuits, whether or not the named plaintiffs have standing to bring a claim is one of the first issues that is analyzed and considered. Plaintiffs’ lawyers often look for named plaintiffs that have suffered easily identifiable damages, while defense lawyers often rely on standing defenses to ward off
The Positives and Negatives of the FCC’s Recent Omnibus Order on the TCPA
On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA). The TCPA was enacted in 1991 with the purpose of protecting consumers’ privacy rights against unwanted robocalls.
Background
Briefly, an individual is liable under