9th Cir. Holds Phone ‘Subscriber’ Who Was Not the Phone’s User Had Article III Standing to Assert TCPA Claim
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Jacob C. VanAusdall
11M ago
The U.S. Court of Appeals for the Ninth Circuit recently held that the owner and subscriber of a phone number listed on the Do Not Call Registry suffered an injury in fact sufficient to confer Article III standing when unwanted text messages were sent to the number in alleged violation of the Telephone Consumer Protection Act, even when the owner and subscriber was not the actual user of the phone. Jacob C. VanAusdall ..read more
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6th Cir. Holds Single Ringless Voicemail Enough for Article III Standing in TCPA Case
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Jacob C. VanAusdall
1y ago
The U.S. Court of Appeals for the Sixth Circuit recently held that a single ringless voicemail is enough to confer standing to a plaintiff under the federal Telephone Consumer Protection Act. Jacob C. VanAusdall ..read more
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Calif. Supreme Court Holds TCPA Claims May Be Covered by CGL Policy Provision for Violation of ‘Right to Privacy’
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Daniel Miller
1y ago
The California Supreme Court recently answered a certified question from the U.S. Court of Appeals for the Ninth Circuit, holding that a commercial general liability (“CGL”) insurance policy that provides coverage for “injury ... arising out of ... [o]ral or written publication, in any manner, of material that violates a person’s right of privacy” can cover liability for intrusion on the right of seclusion arising from violations of the federal Telephone Consumer Protection Act if such coverage is consistent with the insured’s objectively reasonable expectations. Daniel Miller ..read more
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7th Cir. Affirms Award of Over $600,000 in Class Notice Costs to TCPA Plaintiffs
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Jacob C. VanAusdall
1y ago
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s order allocating class notice costs in the amount of $602,838 to the defendant in a putative class action alleging violations of the federal Telephone Consumer Protection Act. Jacob C. VanAusdall ..read more
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Fla. App. Court (3rd DCA) Dismisses TCPA Putative Class Action for Lack of Standing Under Florida Law
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Jacob C. VanAusdall
1y ago
The District Court of Appeal of Florida, Third District, recently dismissed a putative class action asserting allegedly unwanted text messages under the federal Telephone Consumer Protection Act for lack of standing under Florida law. Jacob C. VanAusdall ..read more
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9th Cir. Holds Companies Can Sue Under ATDS Provisions of TCPA, Mixed-Use Cell Phones Can Be ‘Residential’
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Daniel Miller
1y ago
The U.S. Court of Appeals for Ninth Circuit recently reversed a trial court’s judgment dismissing a federal Telephone Consumer Protection Act complaint brought by a group of home improvement contractors for lack of statutory standing. Daniel Miller ..read more
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9th Cir. Holds TCPA Autodialer Must Generate and Dial Random or Sequential Phone Numbers
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Daniel Miller
1y ago
The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court’s dismissal of a putative class action suit brought under the federal Telephone Consumer Protection Act because another panel of the Ninth Circuit had previously held that an autodialer must generate and dial random or sequential telephone numbers under the TCPA's plain text. Daniel Miller ..read more
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11th Cir. Vacates $35 Million TCPA Class Settlement on Article III Standing Grounds
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Ralph T. Wutscher
1y ago
In an appeal of a $35 million federal Telephone Consumer Protection Act class action settlement initially involving a dispute over coupon settlements, the U.S. Court of Appeals for the Eleventh Circuit vacated and remanded the trial court's approval of the class action settlement due to Article III standing problems with the settlement class. Ralph T. Wutscher ..read more
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9th Cir. Upholds Dismissal of TCPA Putative Class Action Applying Duguid
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Daniel Miller
1y ago
The U.S. Court of Appeals for the Ninth Circuit recently upheld the dismissal of a putative class action for alleged violation of the federal Telephone Consumer Protection Act. Daniel Miller ..read more
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11th Cir. Upholds Denial of Attorney’s Fees From Common Fund in Class Settlement
Maurice Wutscher's Consumer Financial Services Blog » TCPA
by Maurice Wutscher LLP
1y ago
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s denial of a plaintiff counsel’s motion for attorney’s fees, finding the firm’s prioritization of their interests over those of the class cut off any entitlement to attorney’s fees. Maurice Wutscher LLP ..read more
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