Text Messaging

The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit...

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Before the proverbial ink had even dried on the FCC’s TCPA Omnibus Order, one party is already challenging its legality. ACA International filed a Petition for Review on the day of the Order’s release, followed...

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Class-action risk increases for most companies under the Telephone Consumer Protection Act (“TCPA”) following the July 10, 2015 release of the omnibus Declaratory Ruling and Order (“Order”) by the Federal Communications Commission (“FCC”). For some...

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In class actions under the Telephone Consumer Protection Act (“TCPA”), if defendant offers the named plaintiff complete relief for his TCPA claim, does such an offer moot plaintiff’s case? The Supreme Court announced on May...

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Companies who call customers or send text messages to customers are abundantly aware of the potential risk under the Telephone Consumer Protection Act (“TCPA”). Increasingly, lawsuits are being filed against other companies that are simply...

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Earlier this week, Papa John’s dropped its appeal of a lower court decision finding that AIG Affiliates, National Union Fire Insurance Co. and American Home Insurance Co., did not have a duty to defend or...

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