Tags » Class Actions

Merricks v MasterCard: Collective Actions Reinvigorated

The Court of Appeal today gave its much-anticipated judgment in the application to bring collective proceedings against MasterCard: see Merricks v MasterCard Incorporated and others  699 more words

Competition Law Blog

Content Doesn’t Matter: Court Holds Callers’ Intent Alone Dictates Telemarketing in Certifying Massive TCPA Class Action

GoDaddy has got to be scratching its head right about now.

It finds itself on the wrong side of what looks to be one of the largest certified TCPA classes in history, based on individually launched telephone calls that may or may not have been sales calls. 835 more words

The TCPA and Tiger Woods: Florida District Court Lets the Ball Lie on Issue of Constitutionality

A United States District Court Judge for the Southern District of Florida must have Masters Weekend on her mind, because she just tee-d up a constitutional challenge to our favorite statute. 639 more words

Class Actions

Message Received? Company Fails Again in Third Bid to Certify Solicited Fax Class Action

Enough already.

As the Czar wrote recently, the FCC’s disastrous solicited fax rule has finally been withdrawn. But that has not prevented the coils of fruitless TCPA class actions seeking to enforce the now unenforceable provision from snaking their way through the court system. 378 more words

Class Actions

Meaningful Telemarketing Involvement: Court Holds Provider of Virtual Callback Numbers Is Potentially Liable for TCPA Violations

A telemarketer contracted with the operator of dialing equipment to send unwanted telemarketing calls to the plaintiff. That’s a common fact pattern, and it isn’t that unusual for a plaintiff to sue both the telemarketer and the operator of the dialing system. 452 more words

Class Actions

It’s a Long Way Down the Holiday Road – Court Certifies State (But Not Nationwide) Class Against Cruise Line in TCPA Case

Last week brought another decision from the Northern District of Illinois holding that Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), applies to class actions pending in federal court, and as result, the court held that it lacked personal jurisdiction over the nonresident defendant (Holiday Cruise Line) as to the TCPA claims of residents outside of Illinois. 658 more words

Pay Equity and EEO-1 Reporting Remain a Priority of Federal Regulators

Pay inequity, particularly compensation disparity based on sex, has become a very prominent political issue in the last decade and it looks like some additional changes could be on the horizon at the federal level.  1,593 more words

Employer Policies And Procedures