Class counsel’s misconduct may preclude certification 
Published: November 28, 2011
Tags: class action, junk faxes, Telephone Consumer Protection Act
A defendant sued for sending unsolicited fax advertisements did not have show “egregious” misconduct by plaintiffs’ counsel in order to block class certification, the 7th Circuit has ruled in reversing judgment.
Class plaintiffs needn’t show receipt of junk faxes
Published: October 6, 2011
Tags: class actions, consumer protection, junk faxes, Telephone Consumer Protection Act
Plaintiffs were not required to establish the actual receipt of unsolicited fax advertisements in order to proceed with a class action under the Telephone Consumer Protection Act, the Kansas Supreme Court has ruled in affirming certification.
State needn’t pass enabling legislation for private TCPA suit
Published: June 6, 2011
Tags: consumer protection, junk faxes, Telephone Consumer Protection Act
A state court lawsuit over unsolicited faxes can go forward under the federal Telephone Consumer Protection Act even though the state legislature hadn’t passed enabling legislation, the Illinois Supreme Court has ruled.
Business policy doesn’t cover unsolicited fax suit
Published: May 13, 2011
Tags: junk faxes, Telephone Consumer Protection Act
A commercial liability policy did not cover an insured that was sued for sending unsolicited faxes in violation of federal consumer protection law, the 1st Circuit has ruled in reversing judgment.
Diversity jurisdiction may exist for junk fax suits
Published: April 5, 2011
Tags: consumer protection, diversity jurisdiction, junk faxes, Telephone Consumer Protection Act
The Telephone Consumer Protection Act does not preclude federal courts from exercising diversity jurisdiction in private lawsuits brought by recipients of unsolicited faxes, the 3rd Circuit has ruled.
Lawyer liable for sending ‘informational’ faxes
By:
Pat Murphy
Published: September 1, 2010
Tags: consumer protection, junk faxes, Telephone Consumer Protection Act
A lawyer violated federal law when he sent “informational” faxes as part of a marketing campaign, a U.S. District Court in Illinois has ruled in granting summary judgment.
Business not liable for sending junk faxes
By:
Pat Murphy
Published: June 1, 2010
Tags: consumer protection, junk faxes, Telephone Consumer Protection Act
A media company wasn’t liable for sending junk faxes because it had an “established business relationship” with the plaintiff, the 7th Circuit has ruled in affirming judgment.
Insurance policy doesn’t cover fax claim
By:
Pat Murphy
Published: September 2, 2009
Tags: junk faxes, Telephone Consumer Protection Act
An “advertising injury” clause in a commercial general liability policy does not require coverage of a claim that the insured violated federal law by sending unsolicited faxes, the 7th Circuit has ruled in reversing a summary judgment.
Junk fax suit can be brought in state court
By:
Pat Murphy
Published: June 1, 2009
Tags: junk faxes, Telecommunications Consumer Protection Act
Plaintiffs who received junk faxes can sue for violations of federal consumer protection law in state court, the Oklahoma Supreme Court has ruled.
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