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.
The Telephone Consumer Protection Act discriminates between types of calls based on content: persons calling to seek collection of federal debts get an exemption from TCPA requirements, while other types of calls do not. Federal courts have split over whether this discrimination is constitutional, setting up in the long term a possible Supreme Court
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
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 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
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 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.
This month a Pennsylvania district court judge granted summary judgment in favor of a defendant accused of violating the Telephone Consumer Protection Act, finding that despite the fact that the defendant used a predictive dialer, that dialer was not an automated telephone dialing system, or “ATDS,” as required to establish liability.