Class Action

Class Certification Sought in TCPA Lawsuit Against Bebe

February 10, 2016 Last week, the named plaintiff in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Bebe Stores, Inc. (“Bebe”) filed a motion for class certification. The Plaintiff has sought to certify a nationwide class consisting of all people who provided their cell phone numbers to Bebe at one of Bebe’s brick-and-mortar […]

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Insurer Faces TCPA Class Action for Allegedly Violating Junk Fax Provisions

February 2, 2016 On January 27, 2016, a putative class action lawsuit was filed against a number of insurers, including Banner Life Insurance Company and William Penn Life Insurance Company of New York (collectively, the “Insurers”), alleging that they had violated federal and New Jersey State junk-fax laws. Specifically, the plaintiff asserts claims pursuant to

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Victoria’s Secret Exposed in TCPA Class Action Suit

February 1, 2016 On January 26, 2016, a putative class action lawsuit was filed against Victoria’s Secret Stores, LLC (“Victoria’s Secret”), alleging that the clothing retailer violated the Telephone Consumer Protection Act (“TCPA”). The suit was originally filed in the Central District of California, but has since been re-assigned to the Southern District of California.

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U.S. Supreme Court Makes Monumental Ruling in TCPA Class Action Lawsuit

January 21, 2016 This week, the United States Supreme Court (“SCOTUS”) quietly released a landmark decision in a class action lawsuit involving allegations of Telephone Consumer Protection Act (“TCPA) violations. In a 6-3 decision, SCOTUS ruled that defendants cannot rely on unaccepted settlement offers for full relief to a named plaintiff, or offers of judgment

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KMT’s David Klein and Neil Asnen Discuss LinkedIn Class Action Suit with E-Commerce Law Reports

By: David O. Klein and Neil E. Asnen December, 2015 Social media giant LinkedIn Corporation (‘LinkedIn’) recently agreed to settle class action allegations that it violated several federal and state laws by harvesting email addresses from the external contact lists of LinkedIn members, and by sending repeated invitations to join LinkedIn to those addresses. Under

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Microsoft Wins Dismissal of TCPA Class Action Due to Consent

November 20, 2015 On November 17, 2015, the United States District Court for the Central District of California dismissed a class action complaint filed against Microsoft Corporation (“Microsoft”) alleging violations of the Telephone Consumer Protection Act (“TCPA”). The Court found that the plaintiff, as well as the proposed class members, knowingly released their contact information

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PharMerica Seeks Court Approval for TCPA Class Action Settlement

November 13, 2015 Yesterday, the Court in Pines Nursing Home, Inc. v. PharMerica Corporation heard both parties seeking court approval of a TCPA class action settlement agreement. The case involves allegations by Pine Nursing Home, Inc. (“Pine”) that PharMerica Corporation (“PharMerica”) used a telecopier machine, computer or other device to send advertisements to telephone facsimile

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TD Bank Hit with TCPA Class Action Lawsuit

October 29, 2015 On October 26, 2015, a putative class action lawsuit was filed against TD Bank USA, N.A. (“TD Bank”) in the United States District Court for the District of New Jersey, alleging that the bank violated the Telephone Consumer Protection Act (“TCPA”). The putative class action seeks to certify a class of “[a]ll

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