Searching Content indexed under Consumer Law by Kevin Ranlett ordered by Published Date Descending.
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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
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
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
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
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
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
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
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
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
United States
24 Aug 2012
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
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
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
Seventh Circuit Holds That Companies Are Liable Under Telephone Consumer Protection Act For Placing Automated Calls To Reassigned Numbers
In a case with potentially wide-ranging implications for compliance with the Telephone Consumer Protection Act (TCPA), the US Court of Appeals for the Seventh Circuit has held that an entity that places an automated call to a reassigned number without the prior express consent of the new recipient is liable for statutory damages even if the previous subscriber with that number had consented to the automated calls.
United States
17 May 2012
U.S. Court of Appeals for the Seventh Circuit Holds that Statute of Limitations Is Tolled During Pendency of Earlier, Voluntarily Dismissed Class Action
In "Sawyer v. Atlas Heating and Sheet Metal Works, Inc.", 2011 WL 2039663 (7th Cir. May 26, 2011), the Seventh Circuit held that, under the so-called "American Pipe" rule, statutes of limitations are tolled during the pendency of a putative class action that the plaintiff voluntarily dismisses before a determination of whether a class may be certified.
United States
16 Jun 2011
Eleventh Circuit Deepens Circuit Split, Holding That District Courts Must Resolve Daubert Challenges To Experts Before Ruling On Class Certification
In a recent unpublished decision, the U.S. Court of Appeals for the Eleventh Circuit held that district courts must resolve Daubert challenges to expert testimony proffered in support of class certification before resolving a motion to certify the class.
United States
20 Apr 2011
Federal Court Dismisses Some But Not All Claims in False-Advertising Class Action Against Maker of Guacamole Dip
A federal district court in California has dismissed some but not all of the claims in a class action against a food manufacturer alleging that the labeling on guacamole and bean dip is deceptive in violation of California consumer protection laws.
United States
20 Apr 2011
Seventh Circuit Clarifies That Defendants May Remove Class Actions Unless It Is "Legally Impossible" For $5 Million Or More To Be At Stake
The U.S. Court of Appeals for the Seventh Circuit has held that federal courts have jurisdiction over a class action that has been removed from state court when a defendant estimates that the $5 million amount-in-controversy requirement has been met, unless the plaintiff can show that it would be legally impossible to recover that amount.
United States
19 Apr 2011
Seventh Circuit Holds That Class Representative's Credibility Problems May Render Him an Inadequate Representative
The U.S. Court of Appeals for the Seventh Circuit has held that doubts about the truthfulness of a putative class representative’s deposition testimony must be investigated in order to determine whether that representative can satisfy the requirement of Federal Rule of Civil Procedure 23(a)(4) that he be "adequate" to represent the class.
United States
19 Apr 2011
Seventh Circuit Decertifies Class Seeking Injunctive Relief In Insurance Case
The Seventh Circuit Court of Appeals has reiterated that plaintiffs must satisfy a high burden in seeking to certify a class requesting injunctive relief under Federal Rule of Civil Procedure 23(b)(2).
United States
2 Mar 2011
Fourth and Ninth Circuits Deepen Split Over Deadline for Removal When Defendants in Multi-Defendant Case Are Served at Different Times
Under 28 U.S.C. § 1446(b), defendants may remove a civil case from state to federal court if the case originally could have been filed in federal court and if the notice of removal is filed within 30 days after the receipt by the defendant of a copy of the initial pleading or the service of summons.
United States
11 Feb 2011
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