On October 11, 2016, the District Court for the Northern District of California granted summary judgment to Safeway, Inc. in a Telephone Consumer Protection Act (TCPA) putative class action arising from the receipt of prerecorded telephone messages promoting Safeway’s flu shots.
Plaintiff first received a seasonal flu shot from Safeway in 2014. In connection with
In Practice Management Support Services v. Cirque Du Soleil, Inc., the United States District Court for the Northern District of Illinois denied the defendants’ motion for summary judgment that followed a Rule 67 motion to deposit $15,000 to moot the plaintiff’s claim for relief under the Telephone Consumer Protection Act. The plaintiff seeks, on
U.S. District Judge Cathy A. Bencivengo recently dismissed a plaintiff’s TCPA putative class claim due to lack of standing required under Article III. In Anton Ewing v. SQM US, Inc. et al., No. 3:16-cv-1609-CAB-JLB (S.D. Cal., Sept. 29, 2016), the plaintiff alleged that he received a single survey call made by SQM on Blue
On September 29, the United States District Court for the Northern District of Illinois preliminarily approved a $76 million Telephone Consumer Protection Act class action against several cruise marketing companies in Birchmeier v. Caribbean Cruise Line, Inc.
According to the class action complaint that was filed more than four years ago, a telemarketing company, ESG
On September 28, the United States District Court for the Central District of California preliminarily approved a $10.5 million Telephone Consumer Protection Act class action settlement against Dun & Bradstreet Credibility Corporation (“DBCC”). According to the class action complaint that was originally filed in April 2015, DBCC, a seller of credit-building and credibility solutions for
A plaintiff filed a complaint against an online university, alleging claims under the Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”) relating to the defendant’s alleged repeated and unsolicited calls to the plaintiff’s cell phone.
The defendant, Ashford University, LLC, allegedly called plaintiff Melissa Nelson’s cell
The District Court for the Southern District of California recently granted a motion to dismiss in a Telephone Consumer Protection Act case based on the Supreme Court’s decision in Spokeo, finding that the plaintiff failed to put forth evidence proving an injury-in-fact.
In Romero v. Department Stores National Bank, the defendant creditors allegedly
As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the Telephone Consumer Protection Act of 1991 for calls and text messages “made solely to collect a debt owed to or guaranteed by the United States.” Although the TCPA generally prohibits calls and text messages using automatic
On August 1, a New Jersey federal judge issued a one-page order dismissing a Telephone Consumer Protection Act class action based on the Supreme Court’s recent ruling in Spokeo, Inc. v. Robins.
In Susinno v. Work Out World, Inc., Plaintiff Noreen Susinno had a prior gym membership with Work Out World (“WOW”). According
In Cour v. Life360, Inc., the United States District Court for the Northern District of California granted a defendant’s motion to dismiss a claim under the Telephone Consumer Protection Act, finding that the defendant’s system for sending text messages did not constitute “making” a call under the statute. In reaching