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Duane Morris LLP Alert: N.J. Appellate Division Refuses To Certify Class Action Under Telephone Consumer Protection Act

In a case of first impression, the New Jersey Appellate Division recently held that a single plaintiff could not prosecute a class action to enforce the provisions of the federal Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. § 227 (2011). Although the decision concerns that specific...

Oral Argument Heard In Appeal Of Telephone Consumer Protection Act Suit

WASHINGTON, D.C. -- (Mealey's) The U.S. Supreme Court on Nov. 28 heard oral arguments in an appeal of an 11th Circuit U.S. Court of Appeals ruling that it lacked subject matter jurisdiction over a consumer's Telephone Consumer Protection Act (TCPA) claim against a debt collection agency ( Marcus...

High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims

WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan. 18...

Fulbright Briefing: Supreme Court Finds Federal Question Jurisdiction Over TCPA Claims

The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow Financial Services, LLC , reversing the decision...

Will the Calls Ever Stop? Telephone Consumer Protection Act Offers Help

When the Telephone Consumer Protection Act of 1991 was enacted, it offered a means to counter the actions of both telemarketers and aggressive collection agencies. By placing limitations on robo-calls, the Act gave consumers potential for relief from the automatic calls placed by companies to both landlines...

Sallie Mae Reaches $24 Million Settlement In Telephone Debt Collection Class Action

SEATTLE - (Mealey's) Student loan borrowers and a subsidiary of SLM Corp. on Sept. 17 agreed to settle claims that the subsidiary violated the Telephone Consumer Protection Act (TCPA) by making a number of non-emergency autodialed calls and/or automated text messages to the borrowers' cellular...

Abbey Spanier: Court Certifies Class Action On Behalf Of Papa John’s Customers Who Received Unsolicited Text Messages

Have you ever received unsolicited advertising in the form of a text message? These forms of solicitations may be illegal under the Telephone Consumer Protection Act ("TCPA") which restricts telephone solicitations and the use of automated telephone equipment. The TCPA also limits the use of...

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways

By Perrie Michael Weiner , Anahit Tagvoryan and Esteban Morales Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...

U.S. High Court Accepts Appeal Of Suit Over Unsolicited Navy Texts

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 agreed to hear the appeal filed in a lawsuit against a company allegedly responsible for instructing or allowing a third-party vendor to send unsolicited text messages on behalf of the U.S. Navy ( Campbell-Ewald Company v. Jose...

Ballard Spahr LLP: Supreme Court Ruling Could Alter Class Action Landscape

By Mark J. Levin | The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez , the Court will review (1) whether a case becomes moot, and thus beyond...

Ballard Spahr LLP: The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of class actions under the Telephone Consumer Protection Act. Other plaintiffs’...