The Sixth Circuit Court of Appeals recently held that, because Ohio’s privity requirements only require that the interests of one party adequately represent the interests of another, a plaintiff’s Telephone Consumer Protection Act claim was subject to binding arbitration because of a settlement agreement entered into by the plaintiff’s
On May 28, the Third Circuit in Robert W. Mauthe, M.D., P.C. v. Optum Inc. et al. issued a precedential ruling that an unsolicited information request sent by fax is not a prohibited advertisement under the Telephone Consumer Protection Act, even when it has a commercial purpose. In so ruling, the three-judge panel affirmed a
On Thursday, May 30, the United States Court of Appeals for the Fourth Circuit upheld a $61 million verdict in the closely-watched Krakauer v. Dish Network, LLC class action, finding that “the district court properly applied the law and prudently exercised its discretion.” Krakauer v. Dish Network, Case No 18-1518, slip op. at 3
In Powell v. YouFit Health Clubs, LLC, the Southern District of Florida denied class certification on the basis that the named plaintiff was not typical of the class she sought to represent.
Traci Powell brought a Telephone Consumer Protection Act class action against YouFit Health Clubs, claiming that the company had improperly sent
Telephone Consumer Protection Act claim defendants and fans of civil procedure have cause to celebrate as another district court limits the scope of potential class members against out-of-state defendants.
On May 10, the District Court for the Northern District of Illinois struck non-residents of Illinois from a putative class in a
On May 16, Commissioner Michael O’Rielly of the Federal Communications Commission issued incendiary remarks aimed at mobilizing all industries impacted by the “perpetual legal limbo” that is the current state of Telephone Consumer Protection Act interpretation and litigation.
Speaking at the ACA International Conference, O’Rielly called for businesses to increase pressure on the agency to
A recent decision in Cunningham v. Montes, 16-cv-761-jdp, 2019 U.S. Dist. LEXIS 74721 (W.D. Wisc. May 3, 2019) has companies and their business owners that provide telephone dialing services on the edge of their seats. Why? Well, in this case the business owner was personally sued for Telephone Consumer Protection Act violations made by
On May 13, Federal Communications Commission Chairman Ajit Pai announced that the FCC will host a summit on July 11 “to examine industry’s progress” toward meeting the FCC’s deadline to implement “more reliable caller ID information to combat malicious spoofed robocalls.”
The summit is part of the SHAKEN/STIR initiative which is an “industry-led” program through
Nearly half of all calls to U.S. cell phones in 2019 will be spam. This statistic is according to a study referenced by the Federal Communications Commission in a recent report, Report on Robocalls, CG Docket No. 17-59, A Report of the Consumer and Governmental Affairs Bureau, Federal Communications Commission
The District Court for the Southern District of Texas recently awarded a defendant summary judgment because the defendant’s call records directly contradicted the plaintiff’s vague recollection of events. The Plaintiff in Young v. Medicredit Inc., No. H-17-3701, 2019 U.S. Dist. LEXIS 71020 (S.D. Tex. Apr. 26, 2019), asserted claims against Defendant Medicredit Inc. (“Medicredit”)