$1 Million TCPA Settlement from Bank of America
A plaintiff filed a class action lawsuit in federal court in Florida on December 31, 2014 alleging that Bank of America, NB Holdings Corporation, and FIA Card Services, N.A.
Partial Summary Judgment Granted Awarding at Least $360k
A federal court in Florida granted an order for partial summary judgment in favor of a plaintiff in a TCPA case against Navient Solutions, Inc.
Consumer Files TCPA Class Action in CA Federal Court Against Three Timeshare Companies
A Los Angeles man filed a class action lawsuit in federal court in California on March 30 alleging that three timeshare companies, World Wide Vacations Inc., RCI LLC, and Interval International Inc., violated provisions of the Telephone Consumer Protection Act (TCPA).
FTC and TCPA News for the Week
This week, the FTC sued Francisco Salvat and a number of his business entities for making an alleged 1.3 million illegal robocalls. The calls pitched solar panel installation products and services.
Court signs preliminary approval of Western Union TCPA Class Action Settlement
The United States District Court for the Northern District of Illinois has given preliminary approval on the proposed class action settlement in the case of Douglas v. The Western Union Company. The agreed upon settlement amount in this case is $8,500,000.
Court denies class action status in Sherman v. Yahoo! Inc.
In a well-reasoned order, the court in Sherman v. Yahoo! Inc. has denied the plaintiff’s motion for class certification. The District Court for the Southern District of California reached several decisions in this case that could be very useful for other businesses defending themselves from similar TCPA lawsuits.
Federal Court reaches common sense conclusion in TCPA class action against AOL
On June 1, 2015 the United States District Court for the Northern District of California granted AOL’s motion to dismiss a case seeking class action status for alleged TCPA violations based on text messages sent by AOL’s Instant Messenger service (“AIM”), and confirmation text messages sent from AOL to individuals who request not to receive future text messages from AIM.
U.S. Supreme Court takes on Rampant TCPA Litigation
On May 18, 2015 the U.S. Supreme court announced that they will be hearing an appeal on the case of Campbell-Ewald Company v. Gomez. At issues in this case, is whether a defendant business can terminate a TCPA class action lawsuit by offering the lead plaintiff everything that he could individually recover under the law if he were to win at trial.
Wal-Mart gets hit by another TCPA class action lawsuit
Last September a class action lawsuit was filed against Wal-Mart in Florida for allegedly making automated prescription refill calls in violation of the TCPA. A new TCPA lawsuit against Wal-Mart has now been filed in the Northern District of Georgia, and is also seeking class action status.
FTC Wins Partial Summary Judgment Against Dish Network for DNC Violations
The U.S. District Court for the Central District of Illinois issued a major order granting partial summary judgment on December 12, 2014 against Dish Network. In the order the Court found that Dish Network was liable for millions of calls in violation of the TSR.