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139 results found


Drinker Biddle & Reath LLP | USA | 17 Jul 2019

Eighth Circuit Finds that Telemarketer’s Plausible Belief of Consent to Calls Supports Radical Reduction of Statutory Damages Award

In Golan v. FreeEats.com, Inc., No. 17-3156 (8th Cir. July 16, 2019), the Eighth Circuit affirmed a trial court’s radical, post-trial reduction of


Drinker Biddle & Reath LLP | USA | 15 Jul 2019

By Clicking Continue . . .

The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the


Drinker Biddle & Reath LLP | USA | 21 Jun 2019

A Busy Week for Fax Advertisements in the Supreme Court

Earlier this week, the Supreme Court declined to review a Ninth Circuit ruling regarding what does and doesn’t qualify as an “advertisement.” Supply


Drinker Biddle & Reath LLP | USA | 20 Jun 2019

Northern District of Illinois Finds Plaintiff Failed to Adequately Allege Use of an ATDS

In a recent Northern District of Illinois case, a plaintiff’s TCPA claim was dismissed after the court found that the complaint did not contain


Drinker Biddle & Reath LLP | USA | 29 May 2019

Federal Courts Continue to Split Over Whether They Have Personal Jurisdiction Over Claims Brought By Non-Forum Class Members Against Non-Forum Defendants

For years, the plaintiffs’ bar has crammed thousands of non-forum class members into a single action in order to more easily justify broader


Drinker Biddle & Reath LLP | USA | 28 May 2019

Stranded in State Court: Supreme Court Holds that Third-Party Counterclaim Defendants Cannot Remove Class-Action Counterclaims to Federal Court

As Congress appreciated when it enacted the Class Action Fairness Act of 2005 (CAFA), large, multistate class actions are better suited for federal


Drinker Biddle & Reath LLP | USA | 8 May 2019

Inadmissible Hearsay Will Not Create Genuine Issue of Fact Regarding Whether Plaintiff Revoked Consent

The Southern District of Texas recently entered summary judgment in favor of a TCPA defendant, holding that the plaintiff had failed to present


Drinker Biddle & Reath LLP | USA | 7 May 2019

Plaintiff’s Class Certification Fails Due to Individualized Issues of Consent

The Northern District of California recently denied a Plaintiff’s motion for class certification after finding there was no “common method of proof”


Drinker Biddle & Reath LLP | USA | 23 Apr 2019

FTC’s Decision Treating Soundboard Calls as Robocalls Remains Undisturbed. What Comes Next?

A two-year legal battle in the federal courts has come to an end, the Supreme Court announced last week. On April 15, 2019, it declined to review the


Drinker Biddle & Reath LLP | USA | 22 Apr 2019

Court Holds that Pre-Suit Offer Did Not Moot Claims

The U.S. District Court for the Southern District of Florida recently held that a Defendant’s pre-suit proffer of a settlement check and a letter

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