tcpa fax Archives - Page 3 of 3 - Klein Moynihan Turco

Class Certification Denied in TCPA Fax Class Action Due to Dishonesty

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

June 14, 2017 On June 2, 2017, the United States District Court for the Northern District of Illinois denied class certification in a Telephone Consumer Protection Act (“TCPA”) putative class action. In doing so, the district judge chided the “professional class action plaintiff” due to its demonstrable dishonesty in responding to discovery demands. In addition, […]

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Offer of Judgment Fails to Defeat TCPA Fax Class Action

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

May 16, 2017 On May 8, 2017, the United States District Court for the Southern District of New York issued a ruling rejecting Educational Testing Service’s (“ETS”) attempt to moot a class action brought pursuant to the Telephone Consumer Protection Act (“TCPA”) through an offer of judgment. The TCPA fax class action complaint alleges that

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DC Circuit Strikes Down TCPA Fax Rule

Leave a Comment / Blog, Internet Law, Journal, Telemarketing Law / David Klein

April 4, 2017 Last week, the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) struck down a Federal Communications Commission (“FCC”) rule promulgated under the Telephone Consumer Protection Act (“TCPA”) which regulates fax advertisements. The telemarketing industry rejoiced as the DC Circuit struck a key provision of the FCC’s

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