As we previously reported, US Coachways entered into a $49.9 million Telephone Consumer Protection Act class action settlement. Because the motor coach leasing company could not fund the settlement, the company tendered a claim for the action to its insurer, Illinois Union Insurance Company, who subsequently denied coverage to US Coachways. US Coachways assigned
Ninth Circuit Hears Oral Argument in Spokeo Following Remand From Supreme Court
On December 13, the Ninth Circuit Court of Appeals heard arguments in the long‑simmering Robins v. Spokeo Inc. putative class action, following reversal of the appellate court’s previous opinion by the Supreme Court. Robins alleges that Spokeo violated the Fair Credit Reporting Act by maintaining various inaccurate data points about the plaintiff in an online …
Telephone Company Settles TCPA Class Action for $11 Million
On December 14, the parties in Mey v. Frontier Communications Corp. filed a motion for preliminary approval of a settlement of a Telephone Consumer Protection Act class action.
According to the Complaint, Frontier, a telephone company that offers voice, broadband, satellite video, and wireless internet data access for individuals and small businesses, uses …
Text Messaging TCPA Class Action Against Workforce Staffing Company Results in $5 Million Settlement
In Joseph v. TrueBlue, Inc., the named plaintiff brought a Telephone Consumer Protection Act (TCPA) class action against the workforce staffing company for its alleged text messaging advertisements. TrueBlue recently agreed to a $5 million settlement to end the case.
According to the amended class action complaint, TrueBlue sent text message “Job Alert” advertisements …
Parties Seek Final Approval of $2.15 Million TCPA Class Action Settlement Against Marketing Services Company
On November 17, the named plaintiff in Toney v. Quality Resources, Inc., et al. asked an Illinois federal court for final approval of a Telephone Consumer Protection Act (TCPA) class action settlement agreement.
As background, in December 2012, Sarah Toney ordered three pairs of children’s slippers online from a website operated by Stompeez. The website …
Casino Settles TCPA Class Action in Alabama Federal Court
The United States District Court for the Southern District of Alabama recently granted final approval of a class action settlement against Boyd Biloxi LLC, alleging that Biloxi sent telemarketing messages that violated the Telephone Consumer Protection Act.
The class action Complaint was originally filed on July 16, 2014. The named plaintiff alleged that Biloxi …
$49.9 Million TCPA Class Action Settlement Granted Final Approval
On November 9, the United States District Court for the Northern District of Illinois granted final approval of a $49.9 million Telephone Consumer Protection Act class action settlement against US Coachways, Inc.
The original Complaint was filed against US Coachways on July 29, 2014, alleging that the motor coach leasing company sent out thousands of …
$5.5 Million TCPA Class Action Settlement Against Debt Collector
A class of consumers in multidistrict litigation (MDL) recently filed their Motion for Final Approval of a Telephone Consumer Protection Act class action settlement against a debt collection company, Convergent Outsourcing Inc. (“Convergent”).
Between October 2012 and June 2013, the named plaintiffs initiated separate putative class actions throughout the country alleging that Convergent violated the…
California Court Grants Final Approval of $1.5 Million TCPA Robocall Settlement
On November 7, the United States District Court for the Southern District of California granted final approval of the class settlement in Stemple v. QC Holdings, Inc., No. 3:12-cv-01997 (S.D. Cal.). The plaintiff in the case alleged that QC Holdings, a check-cashing and short-term loan company, negligently and willfully violated the Telephone Consumer …
Facebook Challenges Constitutionality of TCPA’s Prohibition on Automated Text Messages
In a motion filed in a putative class action pending in California, Facebook, Inc. seeks to dismiss claims under the Telephone Consumer Protection Act, arguing, among other things, that the TCPA as applied to Facebook’s “status update” text messages is unconstitutional. The plaintiff in Holt v. Facebook, Inc., No. 3:16-cv-02266-JST (N.D. Cal.),…