65 results for 'nos:"Telephone Consumer Protection Act (TCPA) - Other Suits"'.
J. Brennan denies the consumer's motion for leave to file a second amended complaint, ruling her failure to inform the court the amended complaint would include new factual allegations was misleading, while the eight month delay between the filing of the first amended complaint and her motion was not supported by good cause and unnecessarily delayed the litigation.
Court: USDC Southern District of Ohio, Judge: Brennan, Filed On: April 9, 2024, Case #: 1:22cv1111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Class Action
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. Gottschall partially grants motions for summary judgment from both an insurance company and a consumer, in this suit over whether the company inappropriately called the consumer despite his number being registered in its “do not call” list. The court grants the consumer’s motion for judgment on the claim that the insurer’s actions were knowing and willful, and for his claim that the insurance company is liable for its contractors contacting the consumer. The court also dismisses a failure-to-identify claim against the insurance company, as the consumer has willingly abandoned it.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: March 28, 2024, Case #: 1:20cv7091, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Insurance, Negligence
J. Chen dismisses a class action alleging violations of the Telephone Consumer Protection Act stemming from an alleged telemarketing scam. The litigant, an attorney representing himself, fails to rebut assertions that the defendant did not actually make the calls, but that an unknown third-party did and simply transferred the call.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 28, 2024, Case #: 1:23cv5457, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Dalton grants final approval to a class action settlement and certifies a settlement class in the consumer's suit alleging repeated telephone solicitations made to consumers on the national Do-Not-Call registry. The settlement, which affords $160 to each of the 32,738 putative class members who submits an approved claim, is fair, reasonable and adequate, the class representative and counsel have adequately represented the class and the settlement was negotiated at arm's length.
Court: USDC Middle District of Florida, Judge: Dalton, Filed On: March 25, 2024, Case #: 6:22cv1047, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Settlements, Privacy, Class Action
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. Bell denies an investment research company’s motion to dismiss allegations that it sent unsolicited text messages, which deceived consumers into visiting its website and purchasing subscriptions, and falsely offered free financial advice. A class of consumers brought this claim, and it sufficiently evidenced that the text messages were not merely informational but meant to lure customers into purchases.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 11, 2024, Case #: 5:23cv111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Trade, Business Practices, Technology
J. Fouratt grants, in part, the consumer's motion to compel, ruling that because the telemarketing company failed to provide a representative who had knowledge of the topics outlined in the deposition, he will be allowed to conduct a second, limited deposition of another employee who has knowledge of the relevant topics.
Court: USDC New Mexico, Judge: Fouratt, Filed On: March 1, 2024, Case #: 2:22cv360, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Discovery
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Vehicle, Negligence
J. Dever partially grants two sister insurance companies’ motions to dismiss allegations of telephone consumer protection law violations brought by a cell phone owner. The owner received multiple calls from the companies even after she requested them to stop. However, the owner fails to present enough information about the calls, including the dates of the calls and which company made them, so se fails to state a claim.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 12, 2024, Case #: 7:23cv1081, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Technology
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. Delaney recommends granting, in part, an individual’s Telephone Consumer Protection Act claims against a realty company. He sufficiently shows the calls at issue were made in violation of the Act and is entitled to $3,000 in statutory damages.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: February 1, 2024, Case #: 2:22cv1886, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Damages, Consumer Law