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,
The United States District Court for the Central District of California recently ruled in Shaya Baird v. Sabre Inc., that a consumer who voluntarily provides a phone number in the process of completing a transaction thereby gives express consent for purposes of the consent defense to the Telephone Consumer Protection Act (“TCPA”). NO.2:13-cv-00999-SVW-JRP, 2014
First off, Happy New Year to our Blog Readers. Thank you for your patronage last year and we look forward to another year rolling over the legal class action landscape together.
As you may have recognized, either in reading our blog or simply reading the paper, a vast majority of the consumer class docket last
Last week, the Seventh Circuit (Judge Flaum, Judge Rovner, and Judge Castillo, Chief Judge of the Northern District, sitting by designation) undertook the heady task of analyzing the interplay of Indiana’s Automated Dialing Machine Statute (“Autodialer law”) and the Telephone Consumer Protection Act, 47 U.S.C. 227 (“TCPA”). Patriotic Veterans, Inc. v. Indiana, Case No.
As some of you may recall, we reported in our sister blog last May on the Illinois Supreme Court’s decision in Standard Mutual Ins. Co. v. Lay, 2013 IL 114617, holding that statutory damages under the Telephone Consumer Protection Act (“TCPA”) are not punitive, but remedial. On Friday, we saw one of the first aftershocks
On Thursday, November 14, 2013 at 12:00 p.m. Central, Chicago Seyfarth attorneys Jason Stiehl and Jordan Vick will present a Consumer Class Action Defense webinar, focusing on recent changes and decisions related to the Telephone Consumer Protection Act, or “TCPA”. The topics they will cover include:
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 Third Circuit recently ruled in Gager v. Dell Financial Servs., LLC that a consumer may revoke her prior express consent to be called on a cellular phone and that no time frame exists in which the revocation must be made. No. 12-2823, 2013 U.S. App. LEXIS 17579 (3d Cir. Aug. 22, 2013). Prior to
A threshold– and critical– determination in the defense of litigation brought pursuant to the Telephone Consumer Protection Act, 47 U.S.C. Sec. 227 et seq. (“TCPA” or “Act”) is whether an insurance policy provides coverage of the allegations set forth in the Complaint. In a recent decision by the Missouri Supreme Court in Columbia Casualty Company