July 2023 Class Action Blog Summary
What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?
Our attorneys tackle these questions, and more, in our blog, Consumer Financial Services Law Monitor. The following overview provides summaries of our most recent posts, which include case summaries, key takeaways, and practical insights affecting class action litigation.
Do you have a question or comment about the information presented in our posts? Please contact Scott Kelly and Mary Zinsner, partners in our financial services litigation practice.
About Our Class Action Practice
Troutman Pepper's national class action litigation team defends bet-the-company class actions across the U.S. We have successfully defended class actions in more than 35 states, including California, Florida, Illinois, and West Virginia.
We have a long track record of resolving class actions for clients in diverse industries and affecting a wide range of legal and business concerns. Our team includes attorneys whose practices are dedicated to sectors such as financial services, insurance, hospitals and health care, pharmaceuticals and medical devices, retail, higher education, and more. We offer a deep bench of experienced attorneys in areas such as debt collection practices, data breach, privacy, products liability, securities, mass tort, unfair business practices, labor and employment, environmental, ERISA, and antitrust.
Featured Posts
First Post-Facebook Appeal Makes Its Way to Supreme Court
More than two years after the Supreme Court released its ruling in Facebook v. Duguid, confirming the meaning of automatic telephone dialing systems (ATDS) under the Telephone Consumer Protection Act (TCPA), a plaintiff
has filed a
petition for a writ of certiorari to the Supreme Court to challenge the Ninth Circuit's application of the Facebook decision. The Facebook ruling effectively closed the door on one of the broadest classes
of TCPA-related litigation; since then, plaintiff-side advocates have worked ceaselessly, though largely unsuccessfully, to chip away at the ruling. If the Supreme Court accepts the appeal, this will represent a significant development
in the ongoing saga of ATDS litigation.
Read more
Ohio Federal Court Finds Plaintiff Has Standing in TCPA Case Over Messages Left With Wrong Recipient
On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant's motion to dismiss be denied because the plaintiff had standing under the Telephone
Consumer Protection Act (TCPA) even though the calls in question were not intended for the plaintiff.
Read more
Ninth Circuit Holds Phone Owner Suffers Concrete Injury From Unsolicited Telemarketing Texts Even if Not "Actual User" of the Phone or "Actual Recipient" of the Texts
On June 30, the Ninth Circuit Court of Appeals
held that the plaintiff's claims that she received five text messages to a cell number that she had placed on the National Do-Not-Call Registry satisfied the demands of Article III even though the actual user of the phone
was her thirteen-year-old son.
Read more