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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 …

On July 5, the Federal Communications Commission released a declaratory ruling that held that the Telephone Consumer Protection Act does not apply to calls made by or on behalf of the federal government in the conduct of official government business. 

The TCPA makes it unlawful for any “person” to place certain calls to wireless telephone …

On July 1, the U.S. District Court for the Southern District of California granted plaintiffs’ motion for preliminary approval of a $4.5 million class action settlement in a Telephone Consumer Protection Act case.  

According to the complaint in Sanders v. RBS Citizens, N.A. filed in 2013, the plaintiffs alleged that they received …

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…

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 …

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…