A debt collection agency headquartered in Houston has been named in a lawsuit for alleged violations of the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA) after it allegedly called a woman while trying to collect a debt from someone else. According to the complaint filed by Cristina Labreau in the U.S. District Court of the Southern District …
A much-anticipated TCPA class action trial was set to begin next week in Birchmeier et al. v. Caribbean Cruise Line Inc., et al., in the United States District Court for the Northern District of Illinois. According to published reports, however, a class-wide settlement was reached yesterday in this protracted litigation with a history of controversial rulings by the …
This week, a putative class action complaint was filed in the federal court for the Central District of California against Verizon Wireless Services, LLC (“Verizon”), alleging various violations of the Telephone Consumer Protection Act (“TCPA”). The TCPA class action complaint contemplates two separate classes of individuals with alleged grievances against Verizon. What are the respective …
In a recently filed class action lawsuit, the plaintiffs allege Uber Technologies, Inc. (“Uber”) sent autodialed text messages to individuals after those individuals opted out of the messages by texting back “stop,” which, the plaintiffs allege, would be a violation of the Telephone Consumer Protection Act (“TCPA”). The class representative is an Uber driver applicant who …
A panel of state appellate justices could have simply found an insurer wasn’t obligated to pay to cover a $4 million settlement reached to end a lawsuit brought by a suburban engineering firm that claimed it had received so-called “junk fax” advertisements. But the justices used the occasion to also send a message to the lawyers it says are responsible for a “proliferation” of potential junk …
A class action lawsuit was filed in the United States District Court for the Western District of Wisconsin last Thursday morning, alleging that Caribou Coffee Company, Inc. (“Caribou”) violated the Telephone Consumer Protection Act (“TCPA”) by sending unsolicited text message advertisements without obtaining the prior express written consent to do so. The TCPA class action complaint seeks to …
A New York court has dismissed the lawsuit of a man who died before certification of a class in his claim against a company that allegedly violated the Telephone Consumer Protection Act. The plaintiff, Mark Hannabury, sued Hilton Grand Vacations over two calls to his cell phone, attempting to sell interests in timeshare properties. Hannabury allegedly was …
Portfolio Recovery Associates LLC (PRAA) will pay $18 million to resolve multidistrict litigation accusing the debt collection company of violating the Telephone Consumer Protection Act (TCPA) by making …
A recent, seemingly innocuous decision out of the Western District of New York sheds new light on a compelling constitutional argument against high-dollar class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). In Hannabury v. Hilton Grand Vacation Co., LLC, No. 14-cv-6126, 2016 WL 1181789 (W.D.N.Y.
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties. These petitions can be …