20 results for 'cat:"Communications" AND cat:"Class Action"'.
J. Chin finds that the district court properly dismissed class telemarketing claims concerning promotional text messages offering free bags of chips with sandwiches because the text-blasting service relied on a preexisting list of numbers submitted by consumers instead of generating numbers, and thus did not meet the definition of an automated dialing system. Meanwhile, the texts did not use artificial or prerecorded voices as prohibited by telemarketing law. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: May 10, 2024, Case #: 22-1726-cv, Categories: communications, Consumer Law, class Action
J. Pechman denies the electronic financial services company's motion to dismiss the consumer's class action alleging that the company substantially assisted its user in sending the consumer unsolicited text messages inviting her to sign up for the company's Cash App services, in violation of the Washington Consumer Electronic Mail Act. The consumer sufficiently alleges that the company gave its user substantial assistance in sending the unsolicited texts because its "Refer a Friend" program process creates easy steps for its user to follow in order to send the referral message.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 2, 2024, Case #: 2:23cv1969, NOS: Other Personal Injury - Torts - Personal Injury, Categories: communications, class Action
J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: communications, Privacy, class Action
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J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: communications, Jurisdiction, class Action
J. Clark partially grants the store's motion to dismiss the consumers' class claims alleging it sent them dozens of unauthorized text messages advertising goods for sale. Some of the proposed class definitions are unauthorized fail-safe classes, and these definitions must be struck. Further, the consumers may not sue the store for not keeping an in-house do-not-call list, as this precaution would not have prevented them from receiving the text messages.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: February 8, 2024, Case #: 423cv42, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, class Action
J. King finds the lower court properly denied class certification to the counseling company. In this putative class action, where 1000s of recipients accused the financial group of sending unsolicited advertisements by fax, the 59,000 recipients were each sent the fax individually or by an online fax service that is not reached by current law. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 22, 2024, Case #: 22-1119, Categories: communications, Consumer Law, class Action
J. Dorsey denies the criminal defense attorney's motion for class certification on her claims the corrections company recorded privileged calls between herself and incarcerated clients, violating federal and state wiretap acts. Common questions do not predominate over individualized consent and damages inquiries as to the proposed class of more than 2,000 attorneys.
Court: USDC Nevada, Judge: Dorsey , Filed On: January 16, 2024, Case #: 2:18cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, communications, class Action
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, class Action
J. Birzer grants a vape shop's motion to leave to amend a third- party complaint against a messaging platform. The vape shop sufficiently showed in court that the messaging platform, a third party vendor, sent promotional texts on its behalf.
Court: USDC Kansas, Judge: Birzer, Filed On: September 27, 2023, Case #: 2:22cv2293, NOS: Other Statutory Actions - Other Suits, Categories: communications, Consumer Law, class Action
J. Tigar dismisses privacy claims against Home Depot from a class of consumers who say the chat feature used on the company's website records conversations without permission. The consumers' claims are based on conclusory allegations that do not prove evidence of injury or actual interception of the conversation. The third parties utilized by Home Depot were merely a tool used to record the conversations and there is no evidence that these third parties can use the information for any other purposes than to relay it to Home Depot.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 30, 2023, Case #: 4:23cv995, NOS: Other Statutory Actions - Other Suits, Categories: communications, Privacy, class Action
J. Leinenweber denies a vacation property management service’s motion for summary judgment on Telephone Consumer Protection Act violation claims brought by a class of consumers, and grants that class’s motion for certification. The class representative in the suit claims he received telemarketing calls from the service despite being on the national do-not-call registry, and the court finds he has sufficiently alleged his claims to survive summary judgment and establish class certification.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 17, 2023, Case #: 1:19cv2504, NOS: Other Statutory Actions - Other Suits, Categories: communications, Business Practices, class Action
J. Kirsch finds that the lower court properly dismissed a vet's class action against an animal healthcare company's sending of two unsolicited faxes. The faxes do not indicate to a reasonable recipient that the company was promoting or selling some good or service as required by the Telephone Consumer Protection Act. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 24, 2023, Case #: 22-1304, Categories: communications, class Action
J. McKeown denies a petition for panel rehearing and amends a district court order reversing the district court’s dismissal of a third amended complaint in an action brought by a class of children against Google alleging that it used persistent identifiers to collect data and track their online behavior without their consent in violation of the Children’s Online Privacy Protection Act (COPPA). The district court previously held that the “core allegations” in the third amended complaint were preempted by COPPA. State laws that supplement federal law do not stand as obstacles to Congress’s objectives and are therefore not “inconsistent.”
Court: 9th Circuit, Judge: McKeown, Filed On: July 13, 2023, Case #: 21-16281, Categories: communications, Privacy, class Action
J. Walker finds that the lower court properly dismissed a class action against the insurer for violating the Illinois eavesdropping statute. The insured was not a party to the conversation between its attorney and the insurer, so the insurer's recording of its conversation with the attorney did not injure the insured. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 220601, Categories: communications, class Action
J. Wood finds that the lower court properly assigned the costs of class notification on the company, which had already been found liable of violating the Telephone Consumer Protection Act by calling class members using prerecorded voice messages. The court found the company liable for its actions, then reconsidered its original denial of class certification due to a change in the law. Given these unusual circumstances, the court did not err by allocating costs of notification to the company. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: May 19, 2023, Case #: 21-2653, Categories: communications, class Action