Newsletters

01.25.18

It’s a Match: California DAs, eHarmony Reach $2.2M Deal

To end an action filed by a California city attorney and several district attorneys who challenged its automatic renewal practices, eHarmony agreed to pay up to $2.2 million in penalties and restitution.  


01.25.18

Starbucks’ Cup Overflows With Victory in Underfilled Cups Suit

A California federal court judge poured out what was left of a putative class action alleging Starbucks underfilled its latte and mocha beverages.  


01.25.18

Potential Impacts on Telehealth From Net Neutrality Repeal

On December 14, 2017, the Federal Communications Commission (FCC) passed the Restoring Internet Freedom Order (RIFO), repealing the FCC’s 2015 “net neutrality” rules and shifting the responsibility for regulating the conduct of Internet service providers (ISPs) to the Federal ...


01.25.18

DOL Reissues Opinion Letters, Adopts ‘Primary Beneficiary’ FLSA Test

Reinforcing a shift in policy, the Department of Labor (DOL) reissued 17 opinion letters on a variety of topics under the Fair Labor Standards Act (FLSA) that had been withdrawn under the Obama administration.


01.25.18

2017 in Review: Significant TCPA Litigation and Regulatory Developments

With the transition of power at the Federal Communications Commission (FCC) and myriad developments in Telephone Consumer Protection Act (TCPA) compliance and litigation, 2017 brought ongoing challenges to financial institutions looking to comply with continually changing guidelines for ...


01.25.18

DOJ Releases Guidance for Evaluating Dismissal of Qui Tams

A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use, provides guidance to defendants in arguing for such dismissal motions to ...


01.24.18

2017 in Review: Significant TCPA Litigation and Regulatory Developments

Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and litigation.


01.24.18

Clear Evidence of Consent Defeats TCPA Action

Finding “uncontroverted” evidence of consent, a federal district judge from the Eastern District of Michigan granted summary judgment in favor of the defendant in a TCPA action.


01.24.18

Court Rejects Plaintiff’s Efforts to Expand Discovery Beyond Fax

Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received by the plaintiff.


01.24.18

Dinner Invite Fax Could Be an Ad

A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA suit.