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Searching Content indexed under Trials & Appeals & Compensation by Chad Fuller ordered by Published Date Descending.
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1
ALERT For Ninth Circuit And TCPA: A System That Has The Capacity To Automatically Dial Stored Numbers Is An ATDS
On September 20, 2018, the Ninth Circuit in Marks v. Crunch San Diego, LLC (Case: 14-56834), overturned a lower court's ruling that a text messaging system ...
United States
26 Sep 2018
2
Another Big-Dollar TCPA Settlement As Payment Processor Agrees To $9M Deal
A Texas-based payment processor agreed on November 1 to pay $9 million to settle a putative class action brought under the Telephone Consumer Protection Act in the United States District Court ...
United States
14 Nov 2017
3
New Federal Appeals Court Ruling Provides Ray Of Sunshine For TCPA Defendants: Contractual Consent To Receive Calls Cannot Be Revoked
Lawsuits under the Telephone Consumer Protection Act (TCPA) have become the second most common form of consumer protection claim brought in federal court.
United States
3 Jul 2017
4
Supreme Court Refuses To Extend The Scope Of The FDCPA To Consumer Finance Company
We previously reported on oral arguments in this case during which the Court expressed some hesitation, making the outcome uncertain at that time.
United States
27 Jun 2017
5
TCPA Is Not Dead Yet – Court Trebles Eight Figure Tcpa Award While World Awaits ACA Decision
While the world eagerly awaits the D.C. Circuit's forthcoming ruling on the proper interpretation of the Telephone Consumer Protection Act (TCPA)...
United States
2 Jun 2017
6
Supreme Court Wavers During Oral Arguments In FDCPA Case That May Upend Entire Industry
On April 18, the United States Supreme Court heard long-awaited oral arguments in a case that addresses the fundamental issue of the definition of a "debt collector" under the Fair Debt Collection Practices Act.
United States
4 May 2017
7
Eighth Circuit Joins Minority In Circuit Split As To Ascertainability Standard For Class Actions
In Sandusky, the defendant toxicology lab contacted pediatricians, family practitioners, health departments, and child-focused organizations about its lead testing capabilities.
United States
12 May 2016
8
U.S. Supreme Court Wounds Important Defense To TCPA Class Actions, Raising Already High TCPA Risks
The United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act.
United States
26 Jan 2016
9
TCPA Suit Involving Reassigned Phone Number Stayed Pending Appeal Of FCC's Order
On December 17, Judge Christina Snyder of the United States District Court for the Central District of California granted a motion to stay a lawsuit under the Telephone Consumer Protection Act...
United States
24 Jan 2016
10
FCC Files Responsive Brief In D.C. Circuit Appeal In Support Of Controversial TCPA Order
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the "Order") expansively interpreting the Telephone Consumer Protection Act...
United States
20 Jan 2016
11
DOJ Battles Facebook On Constitutionality Of TCPA
On December 11, 2015, the United States Department of Justice filed an intervenor's brief in support of the constitutionality of the "emergency calls exception" in the Telephone Consumer Protection Act ("TCPA")...
United States
18 Jan 2016
12
Coalition Of Trade Groups Files Amicus Briefs In Support Of TCPA Lawsuit Against FCC
We have previously reported on ACA International's appeal from the Federal Communications Commission's July 2015 Order interpreting the Telephone Consumer Protection Act of 1991...
United States
21 Dec 2015
13
Petitioners File Joint Brief Seeking To Overturn FCC's July 2015 TCPA Order
As we previously reported, several legal challenges to the Federal Communications Commission's July 10, 2015 order (the "FCC Order") interpreting the Telephone Consumer Protection Act of 1991 ("TCPA") were consolidated with the District of Columbia Circuit Court of Appeals as ACA International, et al. v. Federal Communications Commission et al.
United States
3 Dec 2015
14
Missouri Attorney General Files Suit Against Charter Communications Alleging No-Call Violations
On October 19, Missouri Attorney General Chris Koster filed a federal lawsuit in the United States District Court for the Eastern District of Missouri against Charter Communications, Inc.
United States
2 Nov 2015
15
Following Oral Argument, Supreme Court Appears Split On Whether Offer Of Judgment Moots Case
Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim?
United States
26 Oct 2015
16
Fourth Circuit: South Carolina's Automated Call Statute Is Unconstitutional
On August 6, the United States Court of Appeals for the Fourth Circuit affirmed a federal district court decision invalidating South Carolina's statute banning automated calls for commercial or political purposes.
United States
25 Aug 2015
17
California Supreme Court Upholds Validity Of Standard Auto Sale Arbitration Clause
On August 3, to the relief of car dealerships and auto finance companies, the California Supreme Court upheld a standard arbitration clause from an automotive purchase agreement by a 6-1 majority decision...
United States
6 Aug 2015
18
FCC Passes New Declaratory Rule Clarifying And Interpreting Multiple, Key Provisions Of The TCPA In A Manner That Is Generally Unfavorable To Defendants
On June 18, 2015, the Federal Communications Commission ("FCC") voted 3-2 to approve an order that promises to have major and negative impacts on companies who use modern telephone technology to text and call consumers.
United States
23 Jun 2015
19
New Jersey Court Finds Ascertainability Not Required To Certify Class
In a matter of first impression, a New Jersey appellate court found that whether a class is ascertainable played no role in its consideration of a "low-value" consumer class action.
United States
2 Jun 2015
20
Illinois Court Rejects Notion That System With Capacity To Use Dialer Is ATDS
In Modica v. Green Tree Servicing, LLC, the Northern District of Illinois limited the scope of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act.
United States
18 May 2015
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