Subway avoided liability under the Telephone Consumer Protection Act (TCPA) when an Illinois federal court dismissed the sandwich chain from the action, based on texts from T-Mobile offering its customers a free Subway sandwich.
Momentum continues to build for Telephone Consumer Protection Act (TCPA) legislation, with several bills pending in Congress and dozens of lawmakers signing on to support the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act.
Finding a lack of typicality, a Florida federal court denied class certification to a plaintiff suing a gym over text messages.
A fax sent by the defendant was “merely informational” and not an unsolicited advertisement, a Pennsylvania federal court has ruled.
One year after the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act world by striking down the Federal Communication Commission’s 2015 automatic telephone dialing system guidance, courts remain split on what ...
On April 9, 2019, the New York City Council overwhelmingly approved legislation that will prohibit employers from requiring prospective hires to submit to pre-employment testing for the presence of marijuana.
Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit has ruled.
In perhaps the first decision of its kind, Magistrate Judge Joseph Spero of the Northern District of California issued on February 28, 2019 his 106-page Findings of Fact and Conclusions of Law (Order) in the ERISA class action Wit v. United Behavioral Health.
Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.
Since the passage of the California Consumer Privacy Act (CCPA) in June 2018, over a dozen other states have moved to enact similar comprehensive privacy legislation.