Tag: Class Actions

First CCPA Class Action Settlement Reached for $400,000

A milestone has been reached with the announcement of the first settlement for a California Consumer Privacy Act (CCPA) class action. The parties in the lawsuit against Hanna Andersson, a retailer of high end children’s apparel, reached an agreement last month to settle the case for $400,000. The case originates from a data breach that… Continue reading First CCPA Class Action Settlement Reached for $400,000

What Are the Penalties Associated with TCPA Violations?

While the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state attorneys general also have enforcement powers, the Telephone Consumer Protection Act (TCPA) is primarily enforced through its private right of action, allowing individuals to bring suit under the law.  The original intent was for this right to be enforced in small claims court.… Continue reading What Are the Penalties Associated with TCPA Violations?

Another District Court Rules TCPA Retroactively Unconstitutional

Last month, a district court in Louisiana handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) that effectively rendered the law to be unenforceable for any alleged violations committed during a nearly five-year-long span of time. Now a district court in Ohio has handed down a similar ruling in another TCPA class… Continue reading Another District Court Rules TCPA Retroactively Unconstitutional

Political Survey Triggers TCPA Class Action

In our previous coverage of the intersections between politics and the Telephone Consumer Protection Act (TCPA), we have largely focused on lawsuits faced by campaigns for elected office, such as those conducted by President Trump and Michael Bloomberg. But a recent TCPA class action—Drew v. Am. Directions Research, Grp., Case No. 20-cv-00402, 2020 U.S. Dist. LEXIS 191780 (N.D. Ill. October 16, 2020)—demonstrates how the risk of TCPA liability extends to other sorts of political communications, namely voter surveys.

Car Dealerships Settle TCPA Class Action for $850,000

A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok.  October 14, 2020)—stemming from alleged text message marketing violations. The defendants settled for $850,000, which is actually something of discount, considering the alleged violations involved texts to 118,000… Continue reading Car Dealerships Settle TCPA Class Action for $850,000

TCPA vs. DNC

Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.

District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020

A district court in Louisiana has rendered an unexpected decision in a Telephone Consumer Protection Act (TCPA) class action that interprets the Supreme Court’s recent Barr v. American Association of Political Callers decision such that it retroactively renders the TCPA unconstitutional from November 2015 until June of this year. Barr v. AAPC centered on an… Continue reading District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020

Court Rules That Cluttered Website Invalidates Arbitration Clause

Arbitration clauses can be a useful tool for Telephone Consumer Protection Act (TCPA) defendants but, as a recent Second Circuit decision demonstrates, the details of how they are implemented matter a great deal for their enforceability. In this particular case, the arbitration clause was not found to be enforceable because of issues with the design… Continue reading Court Rules That Cluttered Website Invalidates Arbitration Clause