TCPA

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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…

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…

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 …

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…