Federal courts can hear suits over ‘robo-calls’ 
Published: January 18, 2012
Tags: debt collection, TCPA, Telephone Consumer Protection Act
The Telephone Consumer Protection Act’s grant of permissive jurisdiction to state courts did not deprive a federal court of jurisdiction to hear the lawsuit of a plaintiff who claimed he was victimized by a debt collector’s use of an automated dialing system to place collection calls, the U.S. Supreme Court has ruled in a unanimous decision.
CONSUMER PROTECTION
Published: January 18, 2012
Tags: debt collection, TCPA, Telephone Consumer Protection Act
The Telephone Consumer Protection Act’s grant of permissive jurisdiction to state courts did not deprive a federal court of jurisdiction to hear the lawsuit of a plaintiff who claimed he was victimized by a debt collector’s use of an automated dialing system to place collection calls.
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Can federal court hear telemarketing abuse claims?
By:
Kimberly Atkins
Published: November 28, 2011
Tags: consumer protection, Federal courts, state courts, Telephone Consumer Protection Act
WASHINGTON – The U.S. Supreme Court tried to decipher the strange wording of the Telephone Consumer Protection Act on Monday to determine if plaintiffs can sue in federal court rather than state court.
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.
Individual buyout moots TCPA class action
Published: November 22, 2011
Tags: class action, TCPA, Telephone Consumer Protection Act
A defendant sued for sending unsolicited text message advertisements could moot a proposed class action by offering the plaintiff his full request for relief, the 7th Circuit has ruled in affirming a dismissal.
State law limits suit over unsolicited faxes
Published: October 20, 2011
Tags: consumer protection, junk fax, statute of limitations, Telephone Consumer Protection Act
State law provided the statute of limitations for a class action alleging that a business sent unsolicited fax advertisements in violation of federal consumer protection law, the 2nd Circuit has ruled in affirming a dismissal.
Automated call didn’t violate TCPA
Published: October 14, 2011
Tags: consumer protection, Telephone Consumer Protection Act
An automated call to a home didn’t violated federal consumer protection law because it was placed in response to a resident’s Craigslist advertisement, West Virginia’s highest court has ruled in affirming a dismissal.
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.
Plaintiff can seek automated, do-not-call damages
Published: September 6, 2011
Tags: consumer protection, jurisdiction, statutory damages, Telephone Consumer Protection Act
A plaintiff could recover statutory damages under both the automated-call and do-not-call-list subsections of the Telephone Consumer Protection Act, the 6th Circuit has ruled in reversing a dismissal.
Junk fax suit can’t proceed as class action
Published: July 21, 2011
Tags: class action, consumer protection, junk fax, Telephone Consumer Protection Act
A plaintiff could not seek class-wide relief when pursuing a private cause of action under federal law prohibiting the sending of unsolicited fax advertisements, the New Jersey Appellate Division has ruled in affirming a dismissal.
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