In this Quick Take Episode, we discuss the Supreme Court’s recent grant of certiorari on a Sixth Circuit decision holding that an individual who subscribes to an email newsletter is not a “consumer” under the VPPA.

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Episode 10 is now live. This Episode discusses the “Quiet Hours” provision of the TCPA and the viability of a claim where prior express written consent was obtained from the consumer. It also discusses the wave of cases making such allegations and state statutes that also contain “Quiet Hours” restrictions. 

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Episode 8 is now live. In this episode of Consumer Counterpoint, we discuss the type of consumer class action cases that were trending in 2025 as well as which trends we expected to continue into 2026. We also discuss which key issues in these cases we expect to see substantive rulings on in 2026. 

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Episode 7 is now live. In this episode of Consumer Counterpoint, co-hosts Kristine Argentine and Paul Yovanic dive into a recent California federal court decision in Doe v. Eating Disorder Recovery LLC – a defense-friendly summary judgment ruling under the California Invasion Privacy Act (CIPA). Tune in as Kristine and Paul break down the decision

Episode 5 is now live. This episode discusses the federal guidelines and California laws regulating how retail pricing should be displayed and what fees and charges need to be disclosed upfront and how to best mitigate against the risk of litigation or enforcement actions being pursued. 

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Episode 4 is now live. In this episode of Consumer Counterpoint, we discuss the recent Supreme Court decision in McLaughlin Chiropractic Associates v. McKesson Corporation and the district courts that are reassessing the statutory interpretation of certain TCPA provisions where the previously accepted interpretations came from FCC Orders. Watch Episode 4 Here: Subscribe to

Episode 3 is now live. Episode three focuses on the Illinois Biometric Information Privacy Act (BIPA), a law that has generated significant litigation and compliance challenges over the past several years. In the episode, we discuss the history of BIPA, recent litigation trends, key court decisions, and common strategic defenses. We also look ahead to

Episode 2 is now live. Episode two covers the very recent amendments to Texas’ telemarketing laws which became effective September 1. In the episode we discuss the increasing frequency with which states are amending their telemarketing laws to include requirements that are more aligned with or stricter than the TCPA and to add a private right

We’re excited to launch Consumer Counterpoint, a new vidcast series from Seyfarth’s Consumer Class Defense Blog.

Hosted by Kristine Argentine, Chair of Seyfarth’s Consumer Class Action Defense practice, and attorney Paul Yovanic, the series provides concise, practical insights into the consumer litigation issues shaping today’s marketplace.

In just 15 minutes, Kristine, Paul

Originally posted to Seyfarth’s Workplace Class Action blog.

Seyfarth Synopsis: On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025).  In doing so, the Supreme Court passed on the chance