Class Actions

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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.

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What Is TCPA Compliance?

This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.

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What Are the Penalties Associated with TCPA Violations?

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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.

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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.

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.

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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.

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Top 5 TCPA Traps

TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the TCPA.

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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.