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class certification

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