Class Actions Blog

Posts Tagged ‘Telephone Consumer Protection Act’

7th Circuit expands Supreme Court ruling prohibiting pick-off attempts

Posted on: June 22nd, 2017 by Keith Dubanevich

On June 20, 2017, the 7th U.S. Circuit Court of Appeals reversed a trial judge’s dismissal of a putative class action case finding that a pick-off attempt was unsuccessful. Fulton Dental LLC v. Bisco Inc., ___F.3d___, No. 16-3574 (7th Cir. June 20, 2017). In this case under the Telephone Consumer Protection Act, the defendant had deposited a payment with the court under FRCP 67, which payment it claimed was sufficient to make the named plaintiff whole (the full amount of the named plaintiff’s individual claim). The plaintiff never accepted the payment and denied any agreement to settle. Nonetheless, the district court ruled that the payment mooted the plaintiff’s claim and disqualified it from serving as a class representative.  Thereafter the court dismissed the case in its entirety.

Read more…

Share

U.S. Supreme Court rejects certiorari in TCPA class action

Posted on: May 9th, 2014 by Steve Larson

Consumer Law Cases 2The Eighth Circuit in Nack v. Walburg, Case No. 11-1460 (8th Cir. May 21, 2012), issued an opinion in which the court raised the specter of constitutionality issues in TCPA class actions.  The Eighth Circuit ultimately did not decide those key issues, asserting that the defenses raised were challenges to the FCC’s regulations, which must first be raised before the agency pursuant to the Hobbs Act. Read more…

Share

Legal Disclaimer

The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

About Class Actions:

About this blog

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

About the author

  • Keith Dubanevich

  • Steve Larson
  • Keith Dubanevich has extensive experience handling antitrust, consumer and securities cases. Until joining the Portland, Oregon law firm Stoll Berne as a shareholder, he was the Associate Attorney General and Chief of Staff at the Oregon Department of Justice.
Follow stollberne on Twitter

Subscribe to this blog