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Article

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

Article

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

Article

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

Article

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

Article

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

Article

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

Article

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

Article

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”

Article

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

Article

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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