November 6, 2018 A judge in the United States District Court for the Northern District of Illinois recently issued a Telephone Consumer Protection Act (“TCPA”) ruling that will make it harder for fax TCPA class actions to succeed. How has the court made fax TCPA class actions more problematic for plaintiffs?
Court Significantly Narrows Nationwide Fax TCPA Class Action Read More »
November 30, 2016 The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material. Fax advertisements, however, can offer substantial benefits to marketers in terms of cost advantages relative to the potential reach
Fax Marketing and the TCPA Read More »
July 1, 2016 Plaintiffs in the junk fax class action pending against Sanofi Pasteur, Inc. and Vaxserve, Inc. (collectively, “Defendants”) filed a motion seeking class certification on Tuesday. The class action concerns over 11 million fax advertisements sent on behalf of Defendants to individuals and companies advertising Defendants’ pharmaceutical products. The motion follows at least
TCPA Class Certification Sought in Junk Fax Action Read More »
March 23, 2016 On March 21, 2016, the United States Court of Appeals for the Seventh Circuit affirmed a trial court ruling that found a principal of a small Indiana company liable for some, but not all, of its marketing company’s violations of the Telephone Consumer Protection Act (“TCPA”). The principal, Jerry Clark (“Clark”), owns
Seventh Circuit Limits Agency Liability in TCPA Class Action Read More »
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
Insurer Faces TCPA Class Action for Allegedly Violating Junk Fax Provisions Read More »
December 18, 2015 On December 11, 2015, Cirque du Soleil (“Cirque”) filed a motion in the United States District Court for the Northern District of Illinois, seeking a stay of the plaintiff’s motion to certify a class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). The
Cirque du Soleil Moves to Stay Junk Fax Class Action Read More »
July 28, 2015 On Friday, a class action lawsuit was filed in the United States District Court for the Western District of Wisconsin against the Travel Channel, L.L.C. and its parent companies Scripps Networks, LLC and Scripps Networks Interactive, Inc. (collectively the “Travel Channel”), alleging that the Travel Channel sent unsolicited fax advertisements in violation
Travel Channel Hit with Junk Fax Class Action Read More »
June 19, 2015 On June 3, the United States Court of Appeals for the Sixth Circuit held that informational faxes sent by a pharmacy benefit manager to a chiropractor do not violate the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff chiropractor’s office received two informational faxes from the defendant. The defendant provides
TCPA Does Not Apply to Informational Faxes Read More »
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