Recent attempts by The Häagen-Dazs Shoppe Company, Inc., Nestlé Dreyer’s Ice Cream Company, and Nestlé USA, Inc. to have a Telephone Consumer Protection Act putative class action dismissed proved unsuccessful after the United States District Court for the Northern District of California found that the “thank you” text messages at issue could arguably constitute telemarketing.
Northern District of Illinois Says that Revocation of Consent for One is Not Revocation of Consent for All
On August 23, a federal judge in Illinois ruled that a consumer who had multiple accounts with different creditors assigned to the same collection agency did not effectively revoke consent for all accounts merely by revoking consent for one. Specifically, the Court said that when a consumer told a collection agency to stop calling him
West Virginia Federal Court Preliminarily Approves Nearly $30M TCPA Class Action Settlement
In re Monitronics International, Inc., pending in the Northern District of West Virginia, is a consolidated class action lawsuit brought under the Telephone Consumer Protection Act. After years of contentious litigation, this past week the Court preliminarily approved a class action settlement of $28 million. This significant settlement serves as another example of the high
New TCPA Class Action: Expansion into Service Calls
On August 29, yet another Telephone Consumer Protection Act class action was filed in the Middle District of Florida. This suit, however, is a bit different than others that we have seen.
In Gillmore v. Lokey Automotive Group, Inc., the complaint alleges that text messages sent to the plaintiff April Gillmore by an automobile dealership
11th Circuit Rules That Consent Under TCPA Can Be Partially Revoked
The Eleventh Circuit ruled in Schweitzer v. Comenity Bank that a consumer can verbally revoke consent to be called on her cell phone using an automatic telephone dialing system “in the morning and during the work day.” As a result, the district court improperly granted summary judgment to the bank because a jury could find
Federal District Court Grants Preliminary Approval of $3.2M TCPA Class Action Settlement
On August 10, Massachusetts District Court Judge Richard G. Stearns granted preliminary approval of a $3.2 million class settlement agreement in a Telephone Consumer Protection Act class action filed against Collecto, Inc. The four named plaintiffs allege that Collecto made unauthorized telephone calls to class members’ cellular phones using an automated telephone dialing system in
Illinois Federal Court Refuses to Certify TCPA Robocall Class Action Based in Part on Article III Standing
On August 15, the United States District Court for the Northern District of Illinois denied a motion for class certification in Legg v. PTZ Insurance Agency, Ltd., a putative class action under the Telephone Consumer Protection Act. The plaintiffs in the lawsuit, Christopher Legg and Page Lozano, sued PTZ and affiliated companies alleging violations
Ninth Circuit Holds TCPA Claims Are Invasion of Privacy Claims
The Ninth Circuit in L.A. Lakers v. Federal Ins. Co., No. 15-55777 (9th Cir. August 23, 2017), ruled that a D&O policy’s invasion of privacy exclusion barred coverage for a claim alleging that the insured violated the Telephone Consumer Protection Act (“TCPA”). The plaintiff in the TCPA case alleged that he had responded via
Seventh Circuit Holds Rule 67 Tender of Full Relief Does Not Moot TCPA Class Action
In Campbell-Ewald Co. v. Gomez, 136 S.Ct. 663 (2016), the Supreme Court held that an unaccepted offer of full relief under Rule 68 to a named plaintiff was insufficient to moot class claims. However, the Supreme Court expressly left open the possibility of a “different result if a defendant deposits the full amount of
Join Us on August 17 for a Clear Law Institute Webinar “Game of Phones: Current Trends in Collection Calls under the TCPA, FDCPA, and other Regulatory Frameworks”
Join Troutman Sanders attorneys James Trefil and Jonathan Floyd for a webinar hosted by the Clear Law Institute on August 17 from 1:00 – 2:15 p.m. In this webinar, you will learn to navigate the various layers of rules and regulations that govern the use of debt collection telephone calls. This presentation will focus on