Tag: Class Actions

District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations

A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations. Also known as “soundboard technology,” avatar technology was described by the… Continue reading District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations

Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely

Class members in a recent Telephone Consumer Protection Act (TCPA) class action settlement—Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist. LEXIS 187225 (N.D. Ill. Oct. 28, 2019)—each received approximately 2.5% of the payout that they were originally promised. The case involved three cruise lines and a travel agency who were accused of using an automated… Continue reading Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely

Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping

An Arizona District Court granted a motion to have a recent Telephone Consumer Protection Act (TCPA) class action transferred to another district court in a case that emphasizes the important differences between different circuits with regards to TCPA case law and Automatic Telephone Dialing System (ATDS) definitions. The case—Kempton v. Life for Relief & Dev.,… Continue reading Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping

California Court Rules in Favor of Marijuana Mobile App in TCPA Case

A California district court issued a ruling in favor of the defendant in an unusual Telephone Consumer Protection Act (TCPA) class action case involving a company that operates a mobile app designed to deliver cannabis products. The court granted a motion by the defendant to compel arbitration, which could have significant implications for future litigation… Continue reading California Court Rules in Favor of Marijuana Mobile App in TCPA Case

TCPA Class Action Brought Against President Trump’s Campaign

While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.

California Court Applies Broad Definition of ATDS from Marks

A new decision by the Eastern District of California made use of the Ninth Circuit’s broad definition of what constitutes an automatic telephone dialing system (ATDS) from last year’s Marks v. Crunch San Diego decision. The Court’s decision to grant the plaintiff’s motion for summary judgement in a new case provides further evidence of the… Continue reading California Court Applies Broad Definition of ATDS from Marks

Two New District Court Rulings Apply Statutory Definition of ATDS

A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v. Yahoo

California Jury Renders $267 Million TCPA Verdict Against a Debt Collector

A California-based debt collector received an astoundingly high amount of damages in a verdict rendered this week. The jury in McMillion v. Rash Curtis & Associates, 4:16-cv-03396 (N.D. Cal.) hit the defendant with a $267 million verdict for Telephone Consumer Protection Act (TCPA) violations on 534,000 calls. While many debt-collection TCPA cases are never even… Continue reading California Jury Renders $267 Million TCPA Verdict Against a Debt Collector