In a recent article for Law360, two Hunton and Williams partners summarize recent case law and statistics related to class actions and offer predictions for trends in 2014. This blog post provides a link to a PDF download of the full article.
Continue Reading The Class Action Hurricane: Where Is the Storm Heading?
Telephone Consumer Protection Act
Revised FCC Telephone and Text Marketing Rules Become Effective October 16, 2013
On October 16, 2013, the Federal Communications Commission’s new Telephone Consumer Protection Act rules come into effect. Among other revisions, business will now need to obtain “express written consent” prior to advertising or telemarketing through autodialed calls or texts or prerecorded calls to consumers’ mobile numbers. Violations of the new rules may result in substantial fines and statutory damages.
Continue Reading Revised FCC Telephone and Text Marketing Rules Become Effective October 16, 2013
FCC Clarifies Sellers’ Liability for Third Parties’ Telemarketing Violations
On May 9, 2013, the Federal Communications Commission released a declaratory ruling clarifying the liability of a seller for violations of the Telemarketing Consumer Protection Act made by third-party telemarketers and others who place calls to market the seller’s products or services.
Continue Reading FCC Clarifies Sellers’ Liability for Third Parties’ Telemarketing Violations
Court Certifies Class in Text Message Suit Against Papa John’s
On November 9, 2012, a federal District Court in Washington certified a national class and a Washington state sub-class in a class action suit alleging that Papa John’s International, Inc. violated the Telephone Consumer Protection Act.
Continue Reading Court Certifies Class in Text Message Suit Against Papa John’s
Court Finds Citibank Opt-Out Confirmation Text Does Not Violate TCPA
On October 30, 2012, a federal court in California ruled that sending an opt-out confirmation text did not violate the Telephone Consumer Protection Act.
Continue Reading Court Finds Citibank Opt-Out Confirmation Text Does Not Violate TCPA
Divergent Results for Class Action Text Message Spam Suits
In recent months we have seen a dismissal and two settlements in class action suits alleging violations of the Telephone Consumer Protection Act by companies that used text messaging as part of advertising campaigns.
Continue Reading Divergent Results for Class Action Text Message Spam Suits