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.
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.
Political ‘robocalls’ may trigger TCPA liability
Published: June 3, 2011
Tags: consumer protection, First Amendment, Telephone Consumer Protection Act
Broadcasters of political “robocalls” may be liable for failing to comply with the identification requirements of federal consumer protection law, a U.S. District Court in Maryland has ruled in denying a motion to dismiss.
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.
Robocalls may violate Fair Debt Act
By:
Pat Murphy
Published: November 10, 2010
Tags: debt collection, Fair Debt Collection Practices Act, FDCPA, robocalls, Telephone Consumer Protection Act
A debt collector may have violated federal law by subjecting a debtor to 17 automated collection calls during the course of a single month, a U.S. District Court in Tennessee has ruled in denying a motion to dismiss.
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.
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