On August 26, 2015, we wrote about a decision out of the Northern District of California, Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), in which the defendant prevailed in defeating a TCPA class action using a “human intervention” based defense. Now, just two weeks later, another

A recent decision out of the Northern District of California creates new hope for TCPA defendants. In Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), defendant Shac, LLC won summary judgment by arguing that the web-based application the company used to send promotional text messages could not

WebinarOn Thursday, September 10 at 12:00 p.m. Central, Seyfarth attorneys Michael Burns, Robert Milligan and Jason Stiehl will present the second installment of our 2015 Class Action Webinar Series. Presenters will discuss the climate to help retailers avoid becoming targets of litigation. This webinar will provide an overview of the current class action lawsuit landscape

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.

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Background

Briefly, an individual is liable under

WebinarOn Tuesday, May 26, 2015 at 12:00 p.m. Central, Jason P. Stiehl, Giovanna A. Ferrari and Jordan P. Vick will present the first installment of the 2015 Class Action Webinar series. They will provide a summary of key decisions from 2014, identify key trends for companies to watch for in 2015, as well as practical

Eleventh Circuit Rules Holds That Rule 68 Offers of Judgment to Named Plaintiffs Do Not Moot Their Ability to Represent a Putative Class. 

As many of our readers are aware, one strategy defense counsel use to dispose of a putative class action at an early stage in the litigation is to make an individual offer

Introduction

Following the Seventh Circuit’s decision in Damasco v. Clearwire Corp., 662 F.3d 891 (7th Cir. 2011), Plaintiff’s counsel typically file motions for class certification along with their Complaints to prevent Defendants from using Rule 68 offers of judgment to “moot” the individual claims of their class representatives and derail the class action.

The

As you may recall, on May 22, 2013, we reported on the Eighth Circuit’s opinion in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), an opinion in which the court raised the specter of constitutionality issues in TCPA class actions.  However, the Eighth Circuit ultimately did not decide those key issues,