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class actions

Dec 12, 2019

The FCC Just Blew a Hole in the Side of the SS TCPA (Junk Fax) Class Action and It’s Taking on Sea Water

On December 9, 2019, The Federal Communications Commission (“FCC”) adopted and released an essential Declaratory Ruling DA 19-1247 in response to a petition brought by Amerifactors Financial Group, LLC, under CG Dockets No. 02-278, & No. 05-338. The Declaratory Ruling struck a major blow to attorneys attempting to certify classes of fax recipients under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Protection Act (“JFPA”).» Read More

Jun 11, 2018

U.S. Supreme Court Prevents Successive Class Actions Filed Out of Time by Limiting the Application of American Pipe & Constr. Co. v. Utah

In its opinion in China Agritech v. Resh, released today, the United States Supreme Court limited its prior tolling holding in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974).  According to the syllabus, the Court held that “Upon denial of class certification, a putative class member may not, in lieu of promptly joining an existing suit or promptly filing an individual action, commence a class action anew beyond the time allowed by the applicable statute of limitations.”» Read More

Jan 10, 2018

Some Thoughts on Preventing and Defeating Consumer Class Actions

Consumer class actions can result when multiple plaintiffs have the same claims that are supported by common facts, and the Court determines that the multiple claims can easily and fairly be managed in one litigation.  Plaintiffs’ lawyers strive to find viable class actions, because they can leverage the aggregated claims into a larger risk for the defendant, seek high counsel fee awards, and try to force an early settlement. » Read More

Jan 10, 2018

Developing Defenses to Class Actions Arising from the New Jersey TCCWNA

The New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA” or the “Act”) contains potentially powerful language protecting consumers in their contracts and in certain communications with sellers and some others who deal in consumer goods and services.  The Act makes it a violation for a seller in certain dealings to “enter into any written consumer contract or give or display any written consumer warranty, notice, or sign *** which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller *** as established by State or Federal law ***.” » Read More