The Association of Credit and Collection Professionals (ACA) swiftly-filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order (FCC 15-72) in the U.S. Court of Appeals for the D.C. Circuit. The petition challenges the FCC’s treatment of automatic dialing systems, predictive dialers and its definition of prior express consent. Similar
Insurance Companies Must Cover $6 Million TCPA Settlement Under Theory of Invasion of Privacy
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
In A&L Industries, New Jersey Federal Court Certifies Class, Declining to Follow State Court Opinion that Telephone Consumer Protection Act Suits are Categorically Inapproprirate for Certification
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
Third Circuit Rules That Consumers May Revoke Consent
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
The Missouri Supreme Court Affirms Decision Requiring Insurance Indemnification Beyond Coverage in Telephone Consumer Protection Act Litigation
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
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
Acknowledging Circuit Split, District Court Holds That Offer Of Judgment Does Not Moot TCPA Class Claims
On July 15, 2013, Judge David O. Carter of the U.S. District Court for the Central District of California
entered an opinion in Craftwood II, Inc. v. Tomy International, Inc., No. SA CV 12-1710 (C.D. Cal.), denying defendant’s motion for summary judgment and rejecting defendant’s argument that its offer of judgment mooted plaintiff’s claims.
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
Brown v. DirecTV LLC: Court Orders Arbitration of TCPA claim
On June 26, 2013, in Brown v. DirecTV, LLC, et al., Case No. 2:12-cv-08382, Judge Gee, sitting in the Central District of California, granted DirecTV’s motion to compel arbitration, rejecting two efforts by the Plaintiff to keep the matter in federal court: (1) that TCPA claims did not “arise under or relate
FCC Rules That Opt-Out Confirmation Texts Do Not Violate the TCPA
The Federal Communications Commission (FCC) has issued a Declaratory Ruling finding that companies do not violate the Telephone Consumer Protection Act (TCPA) when they send a single text message to confirm receipt of a consumer’s request that no further text messages be sent. See In Re Rules and Regulations Implementing the Telephone Consumer Protection Act