Posts from December 2014.
Many businesses know that calling the wrong party could mean trouble according to the Telephone Consumer Protection Act (TCPA). In broad terms, the law forbids cell phone calls without the consent of the called party. This recent blog post sets up a potentially frightening scenario for businesses — an accidental call.
Supermarket chain Publix recently settled with a class of employees/applicants for employment at the grocery store. The class brought suit under the Fair Credit Reporting Act (FCRA), which requires employers to “provide prior written notice before they can procure a consumer report about any employee or applicant for employment ...
At issue in Dart Cherokee Basin Operating Company, LLC v. Owens is the pleading standard for defendants seeking to remove a case to federal court based on the Class Action Fairness Act (CAFA). In a 5-4 ruling, a divided Court held that class action defendants removing to federal court under CAFA need only to provide a “short and plain” statement of ...
More and more companies are defending lawsuits brought under the Telephone Consumer Protection Act (TCPA). Businesses that communicate with customers by phone or text using an automated telephone system should be aware of this helpful background information on the TCPA.
Jimmy John’s is facing a class action lawsuit after a data breach of the company's point-of-sale system.
Ohio trial courts have needed reminding that class certification requires a bit of explanation. Gordon v. Erie Islands Resort & Marina, a case from Ohio’s 6th Appellate District, is the latest case in point.
A judge recently held that the NCAA’s limit on athlete compensation unreasonably restrains trade. Although the action did not include financial damages, the plaintiff athletes are now seeking $50.2 million in attorneys’ fees and court costs for the several years of litigation it took to see their interests vindicated.