In one of the largest settlements in history under the Telephone Consumer Protection Act (“TCPA”), Sirius XM Radio Inc. agreed to pay $35 million to resolve putative class actions filed throughout the country alleging that it had used an automatic telephone dialing system to engage in telemarketing to trial users of its satellite radio service
New York Federal Court Grants Creditor’s Summary Judgment Motion in TCPA and FDCPA Case
On June 20, the U.S. District Court for the Eastern District of New York granted a creditor’s motion for summary judgment in an action brought pursuant to the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.
In Reyes, Jr. v. Lincoln Automotive Financial Services, the plaintiff leased a new
A Serious Circuit Split On Class Ascertainability
Law360, New York (June 30, 2016, 4:42 PM ET) —
The Eighth Circuit’s recent ruling in Sandusky Wellness Center LLC v. Medtox Scientific Inc. on ascertainability deepened a circuit split on one of the most important and challenging class certification issues. Until theU.S. Supreme Court resolves the split, the legal standard for ascertainability
Join Us for the ACI Consumer Finance Class Actions & Litigation Conference in Chicago
We are pleased to announce that Troutman Sanders partner John Lynch will be a featured speaker at the American Conference Institute’s 26th National Conference on Consumer Finance Class Actions & Litigation on July 29, 2016 at the Omni Chicago Hotel.
John will participate in a panel entitled, “The Telephone Consumer Protection Act (TCPA): Litigation
Campbell-Ewald Court Rejects Defendant’s Attempt to Pay Up
As we previously reported, the Supreme Court recently issued its decision in Campbell-Ewald Co. v. Gomez, where the Court held that an unaccepted offer that would fully satisfy a plaintiff’s individual claim is insufficient to render that claim moot in a class case. The Supreme Court’s opinion, however, left open the question of
Illinois Appellate Court Rejects Coverage for Blast-Fax Class Action Under the TCPA
On May 18, 2016, in First Mercury Insurance Company v. Nationwide Security Services, Inc. et al., the First District of the Illinois Appellate Court affirmed the Circuit Court of Cook County’s ruling of no coverage after the insured settled a “Blast-Fax” class action lawsuit brought under the Telephone Consumer Protection Act. The TCPA provides
Join Us for a Troutman Sanders Webinar: A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling
Join Troutman Sanders partners Alan Wingfield and Chad Fuller, and associate Virginia Flynn for a webinar entitled, “A Year in Review – TCPA Developments since the FCC’s Landmark Declaratory Ruling,” on Tuesday, June 7, from 12:00-1:00 p.m. EDT.
The Federal Communications Commission’s landmark July 10, 2015 Declaratory Ruling interpreting the Telephone Consumer Protection Act
FCC Releases Notice of Proposed TCPA Rulemaking
On May 6, the Federal Communications Commission released a notice of proposed rulemaking to implement a provision of President Obama’s Bipartisan Budget Act of 2015, which creates an exception from the Telephone Consumer Protection Act’s (TCPA) consent requirement for robocalls “made solely to collect a debt owed to or guaranteed by the United States.”
The
Eighth Circuit Joins Minority in Circuit Split as to Ascertainability Standard for Class Actions
On May 3, the United States Court of Appeals for the Eighth Circuit reversed a lower court’s rejection of class certification in Sandusky Wellness Ctr., LLC v. Medtox Scientific, Inc., a case brought under the Telephone Consumer Protection Act (“TCPA”) relating to junk faxes sent by a lead testing company. In its opinion, the
FTC Offers New Interactive Tool for Mobile Health App Developers
“Does your mobile app collect, create, or share consumer information? Does it diagnose or treat a disease or health condition?” If so, then the FTC’s new online tool may assist you in understanding what federal laws or regulations might apply to your app.
The Mobile Health Apps Interactive Tool recently went online and offers developers