TCPA

Subscribe to TCPA via RSS

The Ninth Circuit recently reversed a lower court’s dismissal of a Telephone Consumer Protection Act (TCPA) putative class action against Adir International, LLC (“Adir”), holding that Plaintiff Ned Flores (“Flores”) sufficiently alleged that Adir used an automatic telephone dialing system (“ATDS”) to send text messages to Flores.

According to the First Amended Complaint, Adir is…

BrandRep, the defendant in a Telephone Consumer Protection Act putative class action lawsuit pending in the United States District Court for the Central District of California, recently settled putative nationwide class claims on an individual basis, resulting in dismissal of the case.  The settlement came on the heels of BrandRep’s assertion of counterclaims that put…

The United States District Court for the Southern District of California recently granted summary judgment in favor of defendant United Student Aid Funds, Inc. (“USAF”) in a Telephone Consumer Protection Act class action, holding that the plaintiff had failed to prove that USAF is vicariously liable for the acts of its third party servicers.…

The parties in Soular v. Northern Tier Energy, LP et al. recently filed a motion for preliminary approval of a $3.5 million Telephone Consumer Protection Act (“TCPA”) class action in the District of Minnesota.  The three named plaintiffs in the case alleged that they received unsolicited marketing text messages from the …

On February 10, the United States District Court for the Northern District of California denied defendant Bebe Stores, Inc.’s motion to decertify the plaintiffs’ proposed classes in a Telephone Consumer Protection Act class action. 

In Meyer v. Bebe Stores, Inc., the named plaintiffs alleged that they provided their cell phone numbers to Bebe in …

The Ninth Circuit recently affirmed the district court’s grant of summary judgment in favor of the defendants in an action under the Telephone Consumer Protection Act regarding text messages about a gym membership.

In Van Patten v. Vertical Fitness Group, LLC, Plaintiff-Appellant Bradley Van Patten visited a Gold’s Gym franchise to obtain information about…

A judge in California recently dismissed a putative Telephone Consumer Protection Act class action against Blue Shield of California, an insurance provider.  In Smith v. Blue Shield of California Life & Health Insurance Co. (C.D. Cal.), the judge found that the telephone call at issue was, as a matter of law, not the type of …

The United States District Court for the Northern District of West Virginia recently reversed its position on vicarious liability under the Telephone Consumer Protection Act, granting summary judgment for defendants UTC Fire and Security Americas Corporation, Inc. and Honeywell International, Inc. in multi-district litigation.  In doing so, the court joined the growing list of federal …

On January 26, the United States District Court for the Southern District of Indiana granted preliminary approval of a $17.5 million Telephone Consumer Protection Act class action against Navient Solutions Inc. 

According to the original Complaint, plaintiff Randy Johnson received multiple telephone calls on his cell phone from Navient, a student loan servicing and collection …

Lands’ End, a Wisconsin-based clothing retailer, was named as a defendant in a putative class action filed January 4 under the Telephone Consumer Protection Act in federal court in Connecticut.  The TCPA includes, as a result of the Junk Fax Protection Act of 2005, prohibitions on sending unsolicited fax advertisements without a required opt-out notice …