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

On Thursday, August 22, 2013, the class actions brought by consumers alleging defective Sears washing machines survived another review by the Seventh Circuit after the U.S. Supreme Court remanded the class certification decision in light of Comcast v. Behrend, 133 S. Ct. 1426 (2013).

Factual Background

The lawsuit arises from alleged mold-causing defects

A growing trend in TCPA litigation is for plaintiffs to bring putative TCPA class actions based on telephone calls that were meant for a third-party who actually provided consent for the call.   In a strongly worded opinion, Judge Virginia M. Kendall of the Northern District of Illinois recently dealt a blow to one such attempt

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

In one of the many food labeling cases flooding the dockets of California federal courts, U.S. District Court Judge Edward J. Davila denied certification of two proposed classes of consumers that included potential class members who had purchased products other than the ones purchased by the named plaintiff.  See Major v. Ocean Spray Cranberries, Inc.

On Tuesday, June 11, 2013, the Seventh Circuit denied comScore’s appeal from the district court’s ruling granting class certification, thereby allowing a class of tens of millions of plaintiffs from around the world to proceed to trial as a class action suit.  In re comScore, Inc., No. 13-8007 (7th Cir. June 11, 2013).

ComScore

On April 8, 2013, the United States District Court for the Central District of California denied the plaintiff’s motion for class certification in Torres v. Nutrisystem, Inc., SACV 12-01854-CJC (JPRx), a lawsuit alleging Nutrisystem violated California Penal Code sections 632 and 632.7.

Penal Code section 632 prohibits the surreptitious recording of confidential communications made over

This past week, in the case of Comcast Corp. v. Behrend, Case No. 11-864, the Supreme Court rejected a proposed antitrust class action against Comcast Corporation (“Comcast”), in which more than two million current and former Comcast subscribers alleged the company had violated antitrust law through its attempts to reduce competition and overcharge customers.