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Court Rules Serial Plaintiff Cannot Act Both As Plaintiff and Class Counsel

In Todd C. Bank v. Dimension Service Corporation, the judge considered Plaintiff Todd C. Bank’s motion to dismiss several affirmative defenses brought by the Defendant ...

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Court Rules Serial Plaintiff Cannot Act Both As Plaintiff and Class Counsel

In Todd C. Bank v. Dimension Service Corporation, the judge considered Plaintiff Todd C. Bank’s motion to dismiss several affirmative defenses brought by the Defendant ...

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Are offers of employment “advertisements” or “telemarketing” calls under the TCPA?

Kellie Mitchell Bubeck April 14, 2017

The Telephone Consumer Protection Act prohibits autodialed or prerecorded “advertisement” or “telemarketing” calls unless made with the prior express written consent of the recipient. But ...

Plaintiffs Say TCPA is a Strict Liability Statue, but “Not So Fast” Says Pennsylvania Judge

William Raney September 30, 2016

As Telephone Consumer Protection Act (“TCPA”) class actions have exploded in frequency, defendants often claim they were unaware of the restriction or that a number ...

Be Cautious of the Honeypot or You Might Get Stung

Copilevitz Lam & Raney January 21, 2016

Before a phone number can be assigned and given to a consumer, telephone carriers test the number to see if it receives a large amount ...

Supreme Court May Halt Future TCPA Class Actions

Kellie Mitchell Bubeck October 8, 2015

Plaintiffs’ attorneys love to sue under the Telephone Consumer Protection Act (“TCPA”) and for good reason—the TCPA permits class action lawsuits for $500 or more ...

FCC Exempts Some Fraud Protection Calls Made by Financial Institutions from TCPA Restrictions

Kellie Mitchell Bubeck September 1, 2015

Financial institutions will now be able to contact their customers by telephone when accounts may have been compromised or notify account holders of potential fraud ...

Can Telemarketers Transmit Modified Names on Caller ID Displays?

Kellie Mitchell Bubeck July 24, 2014

Summary Sellers and telemarketers cannot intentionally misrepresent a telephone number or name provided as the caller ID display, but they can, likely, use recognized trade ...

The “Commonality” Hurdle: Class Certification Becomes More Difficult in California

Kellie Mitchell Bubeck March 25, 2014

Summary California courts deny class certification in call recording class actions because the classes fail to meet the “commonality” requirement in the Federal Rules of ...

Are Beep-Tone Warnings Sufficient to Provide Notice of Call Monitoring in California?

Kellie Mitchell Bubeck March 19, 2013

Summary While beep-tone warnings are likely sufficient to put a listener on notice that a call is being monitored or recorded in California, telemarketers should ...

How to Defend a Do-Not-Call Violation Case using the Safe Harbor Defense

William Raney July 17, 2012

Summary In order to use the safe harbor defense against a TCPA privacy or automated calling suit, good record keeping is critical. Article The TCPA ...

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