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New FCC order expands liability for businesses under the TCPA

USA - July 16 2015 On July 10, 2015, the Federal Communications Commission (FCC or "Commission") issued a declaratory ruling and order under the Telephone Consumer…

L Joseph Loveland (Joe), Kathleen B Gilchrist (Kate), S Stewart Haskins II (Stewart), Zachary A McEntyre (Zach), Barry Goheen

Eleventh Circuit ruling raises question as to continued enforceability in federal court of class action prohibition in Georgia’s Fair Business Practices Act

USA - July 15 2015 As the Eleventh Circuit has recognized, Georgia's Fair Business Practices Act ("GFBPA") expressly precludes class actions. The continued viability of…

Jonathan R Chally (Jon), S Stewart Haskins II (Stewart), Stephen B. Devereaux, Barry Goheen, Lawrence A Slovensky

Eleventh Circuit: Rule 68 offers of judgment do not moot putative class actions

USA - December 3 2014 On December 2, 2014, the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action…

L Joseph Loveland (Joe), S Stewart Haskins II (Stewart), Timothy H. Lee (Tim), Zachary A McEntyre (Zach)

California's automatic renewal statute creates risk of class action litigation

USA - September 22 2014 California's General Assembly enacted a statute in 2009 that purports to prevent California residents from unknowingly agreeing to automatic renewals…

Claire Carothers Oates, Lawrence A Slovensky

FDIC v. Loudermilk, et al.—Georgia’s business judgment rule (and its limitations)

USA - July 18 2014 On July 11, 2014, the Georgia Supreme Court issued its highly-anticipated decision in FDIC v. Loudermilk,1 addressing squarely the extent to which…

C. William Baxley (Bill), Jonathan R Chally (Jon), B Warren Pope (Warren), Jeffrey S Bucholtz, Michael R. Smith