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Mintz | USA | 18 Sep 2020

TCPA Litigation Update — The US Government Sides with Facebook — This Should Make Things Easy for SCOTUS

Earlier this month, Facebook filed its brief in Facebook, Inc. v. Duguid. As we previously reported, in Duguid, the US Supreme Court will finally…

Squire Patton Boggs | USA | 18 Sep 2020

No Incentive: Eleventh Circuit Court of Appeals Holds that Incentive Payments Commonly Awarded to Class Representatives are Impermissible in a Classwide Settlement

It is not very often that a Court of Appeals reaches back to Supreme Court authority from the 1800s to nix a commonly-accepted practice. And when it…

Klein Moynihan Turco LLP | USA | 18 Sep 2020

Missed Call Leads to Craig Cunningham TCPA Victory

Those operating in the telemarketing space likely know of Craig Cunningham, a prolific filer of Telephone Consumer Protection Act ("TCPA") lawsuits…

Mintz | USA | 18 Sep 2020

TCPA Regulatory Update — FCC Releases Draft Order Implementing STIR/SHAKEN; Would Establish Extension Deadlines and Require Certification in a Commission Database, Among Other Requirements

Over the past several months, the FCC has taken numerous steps to implement portions of the TRACED Act to fight illegal and unwanted robocalls through…

Klein Moynihan Turco LLP | USA | 17 Sep 2020

The Telemarketer’s Guide to Do-Not-Call Compliance

To launch a telemarketing campaign, businesses will need to build their contact lists with an understanding of how the National Do-Not-Call Registry…

Jackson Lewis PC | USA | 17 Sep 2020

Eleventh Circuit rejects incentive awards for class plaintiffs

The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It…

Squire Patton Boggs | USA | 17 Sep 2020

Awkward: TCPA Plaintiff Accuses Judge of Bias and Demands Recusal—You Won’t Believe What Happens Next

You might recall a few weeks back told the tale of a bank that waited too long to enforce a jury waiver and wound up having to re-try a…

Squire Patton Boggs | USA | 17 Sep 2020

BREAKING TCPA NEWS: This is Huge! Eleventh Circuit Holds Incentive Award Payments to Class Representatives Are Per Se Forbidden

The Eleventh Circuit Court of Appeals held today that a court may not grant incentive awards in any amount to named class members pursuing TCPA (or…

Squire Patton Boggs | USA | 17 Sep 2020

Troubling Trend, Another Court Declines to Enforce Arbitration Clause

As we’ve covered, courts sometimes decline to enforce arbitration clauses despite federal public policy favoring arbitration. The United States…

Squire Patton Boggs | USA | 16 Sep 2020

DEEP DIVE: New TCPA Certification Decision Highlights Unpredictability in Rule 23 Analysis Used By Courts in TCPA Cases

As I have said many times, TCPA class action defense is some of the most complex litigation out there. And with billions on the line, this line of…
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