• 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.

  • 11.08.18

    California Now Requires Female Directors on Public Company Boards

    In a groundbreaking move to bring gender diversity to the boardroom, on Sept. 30, 2018, Governor Jerry Brown signed California Senate Bill 826 (SB 826), which amends the California Corporations Code to require public companies headquartered in California to have a minimum number of female ...

  • 10.23.18

    Now on Demand: Protect Your Organization From TCPA Litigation

    Healthcare is among the top three industries being targeted for Telephone Consumer Protection Act (TCPA) litigation.

  • 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).