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
Whether Rule 68 Can Be Used to Moot a Putative Class Action Remains an Open Question in the Second Circuit
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
Seventh Circuit Rules That Comcast Warrants No Change in Certification of Sears Washing Machine Classes
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
The Northern District of Illinois Rejects Plaintiff’s Attempt to Conjure Up a Class Action Based on a Call Not Meant for Him.
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
Northern District of California Approves $6 Million TCPA Text Settlement between Consumers and Google
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
Major v. Ocean Spray: Court Denies Certification of Putative Classes That Include Products Not Purchased By Plaintiff in Food Labeling Case
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.
Seventh Circuit Allows a Worldwide Privacy Class Containing Tens of Millions of Plaintiffs to Proceed to Trial as a Class Action
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
Supreme Court Vacates Sears, Roebuck & Co. v. Butler In Light of Recent Comcast Decision
On Monday June 3, the United States Supreme Court issued a ruling on the case of Sears, Roebuck & Co. v. Butler, sending the issue of class certification back to the Seventh Circuit Court of Appeals in light of the Court’s recent ruling in Comcast Corp v. Behrend. The Supreme Court granted Sears,
Federal Court Denies Class Certification In California Call Monitoring Case
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
Supreme Court Comcast Antitrust Opinion Will Have Major Impact on Class Actions
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.