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Searching Content indexed under Consumer Protection by Kevin Ranlett ordered by Published Date Descending.
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1
Ninth Circuit Creates Circuit Split On What Counts As An Autodialer Under The TCPA
The key question in many Telephone Consumer Protection Act lawsuits is whether the equipment used to call the plaintiff constitutes an autodialer ...
United States
11 Oct 2018
2
DC Circuit Issues Long-Awaited TCPA Decision And Invalidates FCC's 2015 Autodialer And Reassigned-Number Rules
Last Friday, a panel of the D.C. Circuit issued its decision in ACA International v. FCC (pdf). The decision, which arrived nearly 17 months after the oral argument, struck down key elements of the FCC's...
United States
19 Mar 2018
3
Ninth Circuit Questions Validity Under California Law Of Contract Terms Enclosed With Products
A panel of the US Court of Appeals for the Ninth Circuit has held that, under California law, the inclusion of an arbitration provision in the warranty brochure enclosed with a product does not create a binding arbitration agreement between the purchaser and the manufacturer when the existence of contract terms is not adequately disclosed to the purchaser.
United States
30 Jan 2017
4
D.C. Circuit Weighing FCC's Controversial 2015 TCPA Declaratory Ruling
Today, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC.
United States
19 Oct 2016
5
FCC Expands Potential Liability Under The Telephone Consumer Protection Act For Business-to-Customer Calls And Text Messages
"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
United States
29 Jul 2015
6
US Federal Communications Commission's Recent Order Expands Potential Liability Under The Telephone Consumer Protection Act For Business-To-Customer Calls And Text Messages
"This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public."
United States
24 Jul 2015
7
Eleventh Circuit Adopts Broad View Of Businesses’ Potential Liability Under TCPA For Faxes Sent By Third Parties
One of the hottest areas in class actions is litigation under the Telephone Consumer Protection Act (TCPA). And one of the most significant issues in TCPA litigation is the existence and scope of vicarious liability.
United States
13 Nov 2014
8
Use the "Consumer" in Consumer Class Actions to Defeat Certification
Plaintiffs routinely bring consumer class actions under statutes that allow only consumers—not businesses—to bring claims, or that are limited to transactions solely for personal or household purposes.
United States
25 Mar 2014
9
Interview With CFPB Head Richard Cordray Promises New Rules And Enforcement Actions
The Washington Post has published an interview with the now-confirmed commissioner of the Consumer Financial Protection Bureau, Richard Cordray. We’ve excerpted some key highlights; the full interview is well worth reading.
United States
16 Sep 2013
10
Third Circuit Rules That TCPA Authorizes Consumers To Retract Consent To Cell Phone Calls
The spate of class actions under the Telephone Consumer Protection Act isn’t ending anytime soon.
United States
10 Sep 2013
11
Are You Prepared for the New TCPA Rules? The Plaintiffs’ Bar Is.
The Telephone Consumer Protection Act (TCPA) is a favorite of the plaintiffs’ class-action bar because it provides for statutory damages of up to $1,500 for knowing or willful violations.
United States
13 Aug 2013
12
Will Creditors Face Actions Over Debt-Collection Practices by the CFPB or the Class-Action Bar?
Companies that provide credit to their customers are well aware that the Fair Debt Collection Practices Act (FDCPA), which authorizes suits against violators for statutory damages of up to $1,000, applies only to "debt collectors"—not creditors.
United States
23 Jul 2013
13
FCC Addresses Vicarious Liability Under Telephone Consumer Protection Act
Plaintiffs in some TCPA class actions have taken the position that companies are strictly liable for any violation of the TCPA by third parties that make calls or send faxes on the companies’ behalf (such as third-party marketers or debt collectors).
United States
25 May 2013
14
FCC Addresses Vicarious-Liability Standards Under Telephone Consumer Protection Act
The Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act.
United States
22 May 2013
15
In-House Counsel Predictions of Class Action Trends
Carlton Fields recently published a survey (pdf) of 368 general counsel and other in-house counsel at major companies across more than 25 industries regarding the class actions they faced in 2012 and their expectations for 2013.
United States
7 May 2013
16
Arizona District Court Enforces Contractual Provision Shortening Statute Of Limitations Period
On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar GoDaddy.com.
United States
24 Aug 2012
17
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
18
Ninth Circuit Strikes Down Class Action Settlement For Improper Cy Pres Award And Excessive Attorneys’ Fees
Courts have been reviewing class action settlements with increasingly close scrutiny, especially when the settlement involves cy pres awards donated to charity. The U.S. Court of Appeals for the Ninth Circuit recently struck down such a settlement in Dennis v. Kellogg Co., holding that the proposed cy pres award failed to benefit class members and that the proposed attorneys’ fees for class counsel were excessive.
United States
20 Jul 2012
19
California Federal District Court Dismisses TCPA Class Action Challenging "Confirmatory Text Messages
The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, prohibits placing calls using an "automatic telephone dialing system".
United States
29 Jun 2012
20
FCC Proposes New Do Not Call Rules Barring Automated Dialing Of Emergency Response Facilities
On May 22, 2012, the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking.
United States
30 May 2012
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