In a long-running Telephone Consumer Protection Act class action, Missouri District Judge Catherine Perry recently granted defendant Vein Centers for Excellence Inc.’s motion to decertify the class.
As background, Vein Centers is a marketing firm that provides graphic design and other services to doctors. The named plaintiff, St. Louis Heart Center, Inc., filed this putative
Lawsuits under the Telephone Consumer Protection Act (TCPA) have become the second most common form of consumer protection claim brought in federal court. Many of these lawsuits are premised on the idea that a consumer has the absolute right to revoke previously given consent to receive calls. A calling party could be subject to statutory
New data from WebRecon reflects an increase in the number of consumer finance lawsuits filed during the month of May. After a sharp decline in the number of Fair Debt Collection Practices Act, Telephone Consumer Protection Act, and Fair Credit Reporting Act lawsuits filed during the month of April, May saw a roughly 30% increase
On June 5, 2017, an Illinois federal judge awarded $280 million to the federal government and the states of California, Illinois, North Carolina, and Ohio against Dish Network LLC over violations of numerous federal and state do-not-call laws. The district court’s $280 million penalty constitutes the largest ever for violations of telemarketing laws. In addition,
On May 31, plaintiffs Jim Youngman and Robert Allen filed a motion for preliminary approval of class action settlement for their pending Telephone Consumer Protection Act action against Florida-based insurance company A&B Insurance and Financial Inc. The case is Youngman v. A&B Insurance and Financial, Inc., No. 6:16-cv-01478-CEM-GJK (M.D. Fla. May 18, 2017).
While the world eagerly awaits the D.C. Circuit’s forthcoming ruling on the proper interpretation of the Telephone Consumer Protection Act (TCPA), a recent federal court ruling imposing tens of millions of dollars of liability is a reminder of the risks associated with outbound calling activities and of the stakes at play in the ACA International
The United States District Court for the Western District of Washington preliminarily approved a $5.3 million settlement of a Telephone Consumer Protection Act class action against taxi cab companies Orange Cab Company, Inc. and RideCharge, Inc.
According to the complaint, the defendants worked together to develop an app, known as “Taxi Magic,” for cell
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.