On October 12, the Ninth Circuit issued a decision, reversing the dismissal of a lawsuit on the grounds that the Telephone Consumer Protection Act (TCPA) does not extend to unwanted business texts. In Chennette v. Porch.com, the Ninth Circuit held TCPA statutory protections extend not only to individuals, but also to business entities.
Escalating efforts to crack down on illegal robocalls, state attorneys general announced on August 2 that they have established a nationwide Anti-Robocall Litigation Task Force. The task force comprises attorneys general from all 50 states and will investigate and prosecute companies suspected of allowing or using illegal robocalls from foreign entities. While the states have
Class-action plaintiffs do not get a free pass on constitutional standing requirements, as the Eleventh Circuit Court of Appeals reminded litigants sua sponte in Drazen and Godaddy.com, LLC v. Pinto last week when it vacated a district court’s approval of a $35 million class-action settlement. Although the parties had not briefed the issue before the
On July 18, a New Jersey district court ruled that a customer’s contract termination with a merchant does not also terminate the “established business relationship” (EBR) exception for purposes of the Telephone Consumer Protection Act (TCPA). The decision sheds light on an exception to the TCPA that likely will take on increasing importance, following the
On July 6, the U.S. District Court for the Middle District of Florida granted final approval of a multimillion-dollar, class-action settlement in Parker v. Stoneledge Furniture, LLC, et al., No. 21-740 (M.D. Fla.) to resolve claims brought under the Telephone Consumer Protection Act (TCPA) against furniture companies Stoneledge Furniture LLC and Southwestern Furniture of
In late June 2022, the U.S. District Court for the Central District of California gave final approval for a $2.5 million class-action settlement in Johnson v. Moss Brothers Auto Group to resolve claims brought against a motor vehicle dealer under the Telephone Consumer Protection Act (TCPA). The settlement resolves a class action, pending since 2019,
A Kentucky district court judge recently granted in part and denied in part a defendant’s motion for summary judgment in a Telephone Consumer Protection Act (TCPA) case, Barnett v. First National Bank of Omaha. The court held that the plaintiff’s request to have information sent to him via the mail instead of over the
In Carroll v. Medicredit, Inc., No. 2:20-cv-01728-KJD-EJY (D. Nev. Mar. 18, 2022), the court denied the parties’ cross motions for judgment on the pleadings as to claims under the Telephone Consumer Protection Act (TCPA) the Fair Debt Collections Practices Act (FDCPA) that arose out of collection calls placed after the parties had agreed to
On March 24, the Eighth Circuit Court of Appeals issued an opinion, upholding separate district court decisions finding that a system that sends promotional text messages to phone numbers randomly selected from a database of customer information is not an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA). The concise
U.S. Senator Sherrod Brown (D-OH), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has introduced the Arbitration Fairness for Consumers Act. The legislation, introduced on March 7, proposes to amend Title X of the Consumer Financial Protection Act of 2010 to prohibit pre-dispute arbitration agreements and class-action waivers in contracts