Recently, the Ninth Circuit affirmed two court rulings denying Samsung’s motion to compel arbitration in Velasquez-Reyes v. Samsung Elecs. Am., and Samsung Elecs. Am. v. Ramirez. In the “shrink-wrap” context, the Ninth Circuit held that a consumer must be given adequate notice of an arbitration provision in order to expressly agree to
Last week, a United States District Court in Washington rejected a proposed TCPA class settlement in part because the class definition included an impermissible characterization of the disputed term of art: automatic telephone dialing system (“ATDS”). A copy of the Order is available here.
This TCPA class action involved allegations that the defendant made
A federal judge in Alabama has approved a putative class-action settlement in the amount of $1.15 million against Compass Bank to resolve a case brought under the Telephone Consumer Protection Act (TCPA) on behalf of non-customers who received unsolicited auto-dialer survey calls from the bank.
The case, Robert Hossfield, and all others similarly situated, vs.
On September 10, Judge Yvonne Gonzalez Rogers entered a $267 million judgment against a debt collection agency that made more than 534,000 telephone calls in violation of the Telephone Consumer Protection Act. The judgment ended three years of class action litigation after plaintiff Ignacio Perez and two others alleged that defendant Rash Curtis & Associates
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 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
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
In Reyes v. Educational Credit Management Corporation, Case No. 17-56930, the Ninth Circuit reversed a decision certifying a class action in which the plaintiffs allege violations of California’s Invasion of Privacy Act (“CIPA”) (Cal. Penal Code § 630 et. seq.). In doing so, it held that the district court had failed to determine
The Second Circuit remains a hotbed for consumer claims under the Fair Debt Collection Practices Act related to disclosures of interest and fees in collection letters. Plaintiffs bombard New York courts with these claims, forcing courts to meticulously review every possible disclosure of amounts due. While most of these claims ultimately fail on summary judgment,
When the U.S. Court of Appeals for the D.C. Circuit decided ACA International v. Federal Communications Commission[1] in March 2018, many viewed the decision as a potential swan song for the Telephone Consumer Protection Act. Experts predicted the FCC, buoyed by Chairman Ajit Pai, would step in quickly to reform existing regulatory guidance interpreting
