On March 5, the United States District Court for the Southern District of New York ruled against a Telephone Consumer Protection Act plaintiff on the grounds that consumers cannot unilaterally revoke prior express consent that was part of a bargained-for exchange. In Ford v. Bluestem Brands, Inc., (S.D.N.Y. Case No. 18-cv-2695), the district court
The attorneys general of all 50 states as well as the District of Columbia, Puerto Rico, the Virgin Islands, and Guam have offered their support to pending legislation, the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, aimed at significantly reducing robocalls. The support was in the form of a letter sent by
The attorneys general of all 50 states as well as the District of Columbia, Puerto Rico, the Virgin Islands, and Guam have offered their support to pending legislation, the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, aimed at significantly reducing robocalls. The support was in the form of a letter sent by
Requiring an employee or consumer to submit any dispute to binding arbitration as a condition of employment or purchase of a product or service is commonly referred to as “forced arbitration.” Many times, the employee or consumer is required to waive their right to sue or to participate in a class action lawsuit. Critics argue
Agoda Company Pte. Ltd., an international travel service provider based in Singapore, secured a summary judgment win on the affirmative defense of consent after a district court ruled the text messages it sent to a customer did not violate the Telephone Consumer Protection Act.
After booking with Agoda to reserve hotel rooms on
On February 13, a national class action lawsuit was filed against prepaid mobile phone operator Tracfone Wireless Inc., alleging that the company violated the Telephone Consumer Protection Act by sending a text message advertisement via an automatic telephone dialing system, or “ATDS.”
Plaintiff Brian Gallant alleges that Tracfone sent him a
The Telephone Consumer Protection Act (“TCPA”) carries the risk of annihilative damages for class action defendants based on its remarkable statutory damages scheme. Because of this risk, the statute has been the subject of significant court and agency attention recently. And much of this attention – from the D.C. Circuit’s opinion in ACA International to
In a recent case, the United States District Court for the Southern District of California partially dismissed a consumer’s claims under the Telephone Consumer Protection Act. The case is Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal. Jan. 16, 2019).
Plaintiff Jason David Bodie’s complaint alleged that he received two unsolicited text messages from a
Time Warner Cable is fighting back against a purported Telephone Consumer Protection Act wrong number class action lawsuit. In Hunter and Villa v. Time Warner Cable Inc., No. 1:15–cv–06445 (S.D.N.Y), plaintiffs Leona Hunter and Anne Marie Villa allege that defendant Time Warner Cable engages in a “practice of making
On January 28, Crunch Fitness filed a petition for writ of certiorari in the U.S. Supreme Court, asking the Court to overturn the Ninth Circuit’s decision in Marks v. Crunch San Diego. Crunch contends that the Ninth Circuit rewrote the definition of an automatic telephone dialing system (“ATDS”) and contradicted the plain text and
