On January 15, the United States Supreme Court granted a writ of certiorari in the matter of Baker v. Microsoft Corp. on the issue of whether plaintiffs may voluntarily dismiss their suit after class certification is denied as a procedural tactic to guarantee appellate review of an unfavorable class certification decision.
Rule 23(f) allows a
Can a debt collector leave a message for a debtor with a third party who answers the debtor’s phone? In Halberstam v. Global Credit and Collection Corp., the District Court for the Eastern District of New York answered in the negative, holding that such action violated the Fair Debt Collection Practices Act (“FDCPA”).
Fiat Chrysler cars were the only vehicles subject to a cyber-security flaw that allowed “white hat” hackers to take control of a Jeep last July, according to the National Highway Traffic Safety Administration. White hat hackers are computer security experts who specialize in penetration testing to ensure the security of an organization’s information systems, sometimes
We are pleased to announce that Troutman Sanders partner Mark Mao will be a panelist at the American Bar Association Midyear Meeting in San Diego, California on Thursday, February 4 at 12:00 noon. The State Attorneys General and Department of Justice Issues Committee will present “Cars, Cars, Cars!” to address evolving issues in car privacy,
On January 20, 2016, the United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act (TCPA).
Campbell-Ewald Co. v. Gomez addresses whether a class action lawsuit under the TCPA can continue after the defendant makes the plaintiff an
On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act (“TCPA”) by Defendant Time Warner Cable (“TWC”). The Court granted the motion pending the District of Columbia Circuit Court of Appeals’ decision in ACA
We are pleased to announce that Troutman Sanders partners Keith Barnett and Stephen Piepgrass will participate in a webinar entitled “The Telemarketing Sales Rules and Third Party Payment Processors” on Tuesday, January 26 at 12:00 noon EST.
The Federal Trade Commission and Consumer Financial Protection Bureau have initiated many investigations and enforcement actions against
In late December, the Federal Trade Commission and Florida Attorney General filed an amended complaint in an action pending in the United States District Court for the Middle District of Florida that charged nine defendants with violations of the Federal Trade Commission Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Telemarketing Act”), the
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the “Order”) expansively interpreting the Telephone Consumer Protection Act (“TCPA”) in a 110-page brief filed in ACA International et al. v. FCC et al., where several consolidated challenges to the Order by businesses and trade groups are being heard in
The battle between New York Attorney General Eric Schneiderman and daily fantasy sports companies, FanDuel and DraftKings, continues. On January 11, the First Department of the Appellate Division of the New York Supreme Court allowed the sites to operate while FanDuel and DraftKings appeal a lower court’s order to shut them down. The First Department