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Court Rules Serial Plaintiff Cannot Act Both As Plaintiff and Class Counsel
In Todd C. Bank v. Dimension Service Corporation, the judge considered Plaintiff Todd C. Bank’s motion to dismiss several affirmative defenses brought by the Defendant ...

Featured

Court Rules Serial Plaintiff Cannot Act Both As Plaintiff and Class Counsel
In Todd C. Bank v. Dimension Service Corporation, the judge considered Plaintiff Todd C. Bank’s motion to dismiss several affirmative defenses brought by the Defendant ...
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Court Rules the FCC Did Not Have to Give a Citation Prior to Imposing a $120 Million Fine for Violation of TCPA Caller ID Rules
On December 27, 2023, a federal court in Florida ruled that the Federal Communications Commission (“FCC”) did not have to issue a citation (i.e., a ...
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Which Law Applies when an Area Code Does Not Match the Call Recipient’s Location?
For many years, we have advised our clients to comply with the most restrictive call monitoring disclosure laws (all-party consent) because area code does not ...
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Federal Trade Commission 2023 Fiscal Year “Do-not-call” Registry Data
The Federal Trade Commission has released its 2023 fiscal year “do-not-call” registry data. See https://www.ftc.gov/news-events/news/press-releases/2023/11/ftc-releases-annual-do-not-call-registry-data-book-showing-consumer-complaints-continued-decrease. It notes consumer “do-not-call” and robocall complaints have decreased to ...
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Plaintiffs at it Again with Silly Opt-Out Language
A court has ordered arbitration in a case brought by a plaintiff who replied “S T O P” with spaces between each letter instead of ...
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Florida court allows claim against Telecom company to continue alleging it knowingly transmitted fraudulent calls to residents
In Office of the Attorney General v. Smartbiz Telecom, LLC, the Florida Attorney General alleged SmartBiz transmitted fraudulent calls despite being notified more than 250 ...
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Supreme Court ruling highlights importance of linking to terms & conditions that include arbitration language in TCPA disclosure
In a win for defendants facing class action lawsuits under the Telephone Consumer Protection Act (TCPA), the Supreme Court held that when a federal district ...
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Oregon has modified its “do-not-call” law to specifically provide for “accomplice liability”
Oregon has enacted a law (HB 2759) that specifically assesses penalties to entities which know or consciously avoid knowing of businesses that violate state or ...
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Court rules that there can be no TCPA class action if any user (not just the paid subscriber) of a telephone line can sue
A Telephone Consumer Protection Act (“TCPA”) plaintiff and plaintiff’s attorney, Todd Bank, has lost a motion to certify a class action he brought against Icot ...
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California Attorney General announces it will no longer require Schedule B
The California Attorney General has announced that the Registry of Charitable Trusts will no longer require the filing of Schedule B to the IRS Form ...
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