19 results for 'cat:"Communications" AND cat:"Consumer Law"'.
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. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, communications, consumer Law
J. Castañeda issues a multipronged discovery order in a lawsuit brought by an individual against a company for alleged violations of the Telephone Consumer Protection Act — determining, among other things, that it is too late for the company to designate an additional witness because it would be prejudicial to the suing individual.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: April 5, 2024, Case #: 3:22cv301, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, consumer Law, Discovery
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J. Cole denies motions to dismiss and strike allegations outlined in the second amended complaint of a cellular telephone customer who claims the telephone company made unwanted sales calls to her phone in violation of the Telephone Consumer Protection Act. The telephone company’s motion to dismiss brought arguments that had already been reviewed by the court, and the judge denies the motion as a request for reconsideration because it does not present new evidence or show a change in law or error in the prior decision. Although several of customer’s allegations in the second pleading involve internet job postings raising concerns about hearsay, the customer’s claims do not centrally rely on these postings. The judge finds the new evidence relevant as presented and denies the motion to strike allegations.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 22, 2024, Case #: 1:22cv152, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, consumer Law
J. Calabretta denies, in part, a company’s motion to dismiss an online consumer’s RICO and anti-phishing-related claims. She sufficiently pleads her unjust enrichment claim, and claims under Utah's Consumer Sales Practices Act and California's Anti-Phishing Act.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 13, 2024, Case #: 2:23cv1005, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: communications, consumer Law, Racketeering
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. 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. Deahl upholds the superior court's order enforcing a subpoena that requires Meta to hand over documents related to its enforcement of its Covid-19 misinformation policies. Contrary to Meta's arguments, the district is not required to get a warrant to compel disclosure under the Stored Communications Act, nor does the subpoena infringe the First Amendment rights of it or its users. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 14, 2023, Case #: 22-CV-0239 , Categories: communications, consumer Law, Discovery
J. Scudder finds that the lower court improperly dismissed the doctor's Telephone Consumer Protection Act suit alleging the company sent him unsolicited fax advertisements. The doctor plausibly alleged the company's faxes indirectly encouraged him to buy its services by asking him to join its network of preferred medical providers. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: August 9, 2023, Case #: 22-1540, Categories: communications, consumer Law
J. Conner permits plaintiffs, Pennsylvania residents, to pursue certain consumer protection claims accusing telemarketers of running a number of bogus fundraising campaigns for fake PACs in order to line their pockets with donations because plaintiffs verified telemarketers were directly connected to the political campaigns and that defendants had placed the calls.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: June 5, 2023, Case #: 1:21cv1668, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, consumer Law, Privacy