Newsletters

04.05.18

Monster Beverage Scares Off Class Certification

The plaintiffs hit a snag in long-running litigation against Monster Beverage Corp. when a California federal court denied their motion to certify a class of nationwide consumers numbering in the hundreds of thousands.


04.05.18

Double Standard? Influencers Debate Disclosures

At a recent conference, social media influencers took aim at what they perceive to be a double standard in enforcement of the Federal Trade Commission’s (FTC) Endorsement Guides.


04.04.18

Inability to Work Overtime Dooms ADA Lawsuit

Where overtime was an essential job function, the inability to work the extra hours doomed a plaintiff’s Americans with Disabilities Act (ADA) lawsuit, a federal court in Texas recently ruled.


04.03.18

With Evidence of Possible Consent, Yahoo Scores Class Decertification

An Illinois federal district judge handed Yahoo a rare defense victory when it decertified the class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit involving text messages sent from a user messaging platform based on evidence obtained from a phone carrier during the class ...


04.03.18

FCC Wants More Input on Reassigned Numbers

What should the Federal Communications Commission (FCC) do about reassigned numbers in the Telephone Consumer Protection Act (TCPA) context?


04.03.18

Second Circuit Affirms Exception for Flu Shot Reminder

Doubling down on the healthcare exception to the Telephone Consumer Protection Act (TCPA), the U.S. Court of Appeals for the Second Circuit ruled that Rite Aid was not liable for flu shot reminder calls.


04.03.18

California Federal Court: Plaintiff’s Complaint Revokes Consent

In an interesting decision, a judge in the Northern District of California held that the service of a Telephone Consumer Protection Act (TCPA) complaint operates as a revocation of consent to receive phone calls from the defendant.


04.03.18

Hot Topic Left in the Cold Over Inconclusive Consent Records

In February 2018, a judge in the Central District of California denied Hot Topic’s motion for summary judgment in a putative Telephone Consumer Protection Act class action stemming from text messages the retailer sent. 


04.03.18

Fourth Circuit: Lower Courts Must Follow FCC’s TCPA Interpretations

In a recent ruling, the Fourth Circuit has followed its sister circuits in holding that district courts must follow the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA).


04.03.18

Statutory Damages Are ‘Penalties’ According to the Tenth Circuit

In Ace American Insurance Co. v. Dish Network, the Tenth Circuit ruled that statutory damages and injunctive relief under the Telephone Consumer Protection Act (TCPA) are uninsurable “penalties” under Colorado law, affirming a district court decision that Dish Network’s insurer ...