• 11.15.18

    Court Denies Class Certification Over Questions of Consent

    An Illinois federal court judge denied class certification in a Telephone Consumer Protection Act (TCPA) lawsuit against Citigroup after the defendant successfully argued that individual issues would predominate.

  • 11.15.18

    Canceling Insurance Policy Doesn’t Revoke Consent

    Canceling an insurance policy alone was insufficient to revoke the consent of a married couple to receive calls from their former insurance company, an Indiana federal court recently ruled.

  • 11.15.18

    New York Court Lets TCPA Claim Continue After Death

    The Telephone Consumer Protection Act (TCPA) continues to haunt defendants even after the death of a named plaintiff, with a New York federal court holding that a claim under the statute survives because the TCPA is remedial in nature and not penal.

  • 11.15.18

    Uber Steers TCPA Class Action Into Arbitration

    Uber drove a Telephone Consumer Protection Act (TCPA) class action out of the courthouse, successfully convincing an Illinois federal court judge that the ride-hailing app’s terms included a “clear and conspicuous” statement that arbitration was the forum for any disputes.

  • 10.04.18

    TCPA Class Decertified Based on Supreme Court’s Anti-Stacking Ruling

    A federal district judge in the Northern District of Illinois (NDIL) decertified the class in a Telephone Consumer Protection Act (TCPA) case against Cirque du Soleil, relying on the recent Supreme Court decision in China Agritech, Inc. v. Resh.

  • 10.04.18

    Rare Article III Standing Ruling in Defendant’s Favor in TCPA Case

    As our readers know, many federal courts have found standing and have refused to dismiss Telephone Consumer Protection Act (TCPA) cases under the principles announced in Spokeo v. Robins.

  • 10.04.18

    Contractual Consent Cannot Be Unilaterally Revoked, Connecticut Federal Court Holds

    According to a federal judge in the District of Connecticut, contractual consent cannot be unilaterally revoked in a putative Telephone Consumer Protection Act (TCPA) class action.

  • 10.04.18

    Court Holds Olive Garden Not Liable for ‘Never-Ending’ Faxes

    In August 2018, the U.S. Court of Appeals, Seventh Circuit dismissed a Telephone Consumer Protection Act (TCPA) action after finding that the defendant was not the “sender” of the fax at issue.

  • 10.04.18

    Pet Insurance Call Was an Ad Under the TCPA

    A call promoting pet insurance made to a recent kitten adopter constituted an “advertisement” pursuant to the Telephone Consumer Protection Act (TCPA), an Illinois federal court has ruled.

  • 10.04.18

    CEO on the Hook for TCPA Liability

    Demonstrating a costly lesson in personal liability for corporate executives, an Illinois federal court found a corporate officer to be on the hook for millions of dollars of damages pursuant to the Telephone Consumer Protection Act (TCPA).

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