On August 27, the Central District of California denied Hyundai Motor America, Inc.’s motion to dismiss a Telephone Consumer Protection Act (“TCPA”) class action complaint filed by plaintiff June Abe. In Abe v. Hyundai Motor America, Inc., the Court rejected Hyundai’s arguments that Abe failed to allege sufficient facts to support her claims that
Last week, the Eleventh Circuit held that a plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act based on his alleged receipt of a single unsolicited text message. In addition to defeating the plaintiff’s individual claims, the decision has complicated his path to asserting TCPA claims for a
On November 27, 2019, a New Jersey law requiring that student loan servicers obtain a license from the New Jersey Department of Banking and Insurance will go into effect.
The new law, among other things, will require the Department to appoint a student loan ombudsman to help student loan borrowers with understanding loan agreements
We are pleased to announce that Troutman Sanders attorneys David Anthony, Cindy Hanson, Ron Raether, and Timothy St. George will be presenting during the 2019 NAPBS Annual Conference in San Antonio, TX. The NAPBS conference offers a diverse range of educational topics from global screening techniques, strategic business sessions, technology and information
On August 22, a panel of the Ninth Circuit unanimously rejected Facebook, Inc.’s petition for rehearing of the Court’s June 13 decision, which reversed the dismissal of a putative class action alleging violations of the Telephone Consumer Protection Act. This opens the door for Facebook to attempt have the Supreme Court rule on whether
In Brooks v. The Kroger Co., No. 3:19-cv-00106 (S.D. Cal. Aug. 12, 2019), Judge Anthony J. Battagalia found that automated calls from grocery retailer The Kroger Company warning about salmonella fit within the emergency exception to the Telephone Consumer Protection Act.
Plaintiff Derrick Brooks claimed that Kroger called him “for marketing purposes” using an
On August 12, the California Supreme Court answered a certified question from the Ninth Circuit, holding in White v. Square, Inc. that a person has standing under the California Unruh Civil Rights Act (“Unruh”) to sue an internet-based service provider for an alleged discriminatory policy even if the person does not use or subscribe to
This month, in Charvat v. LE Energy, LLC, No. 2:19-cv-1325, 2019 WL 3891830 (S.D. Ohio Aug. 19, 2019), an Ohio district court judge denied a defendant’s motion to dismiss a plaintiff’s allegation of violation of the Telephone Consumer Protection Act when an unidentified entity placed a telemarketing call to the plaintiff’s residential phone number,
On August 21, the Federal Trade Commission approved a final consent order settling charges that SecurTest, Inc., a background screening company, falsely claimed to be in compliance with international privacy frameworks.
The EU-U.S. and Swiss-U.S. Privacy Shield frameworks establish standards for the transfer of consumer data from European Union countries and Switzerland to the United
On August 22, state attorneys general from all fifty states and the District of Columbia, in conjunction with large telecom companies, unveiled a new agreement to combat robocalls. This is the latest step from the government and the telecom industry to address this growing problem as Americans get nearly 5 billion automated calls every month.