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$4.9M junk fax deal isn’t covered by insurance (access required)

Published: May 17, 2012

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Insurance does not cover a $4.9 million settlement of a consumer lawsuit alleging that a business violated federal law by sending unsolicited fax advertisements, the Missouri Court of Appeals has ruled in reversing judgment.

Debt collector sued for autodialed cell phone calls (access required)

Published: May 15, 2012

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A debt collector may have violated the Telephone Consumer Protection Act when its automated dialing system contacted cell phone users with reassigned numbers, the 7th Circuit has ruled in affirming judgment.

Insurance doesn’t cover $1.7M junk fax settlement (access required)

Published: May 15, 2012

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A commercial liability policy does not cover a $1.7 million class settlement against an insured that violated federal consumer protection law by authorizing unsolicited fax advertisements, the Illinois Appellate Court has ruled in affirming judgment.

Federal courts can hear suits over ‘robo-calls’ (access required)

Published: January 18, 2012

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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 (access required)

Published: January 18, 2012

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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? (access required)

By: Kimberly Atkins
Published: November 28, 2011

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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 (access required)

Published: November 28, 2011

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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 (access required)

Published: November 22, 2011

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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 (access required)

Published: October 20, 2011

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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 (access required)

Published: October 14, 2011

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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.

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