Boof!: Pro-Kavanaugh “Robo-Texts” Trigger Potentially Massive TCPA Class Action against Faith and Freedom Coalition, Inc. in Florida

We here at TCPAland stay politically agnostic as a matter of course, but this new lawsuit against the Faith and Freedom Coalition, Inc. tickles us just so. Apparently the Faith and Freedom Coalition (“FFC”)–allegedly some sort of Conservative-leaning PAC– blasted Florida residents with texts urging Senator Bill Nelson […]

THIS IS A TEST: Presidential Alert Probably Didn’t Violate TCPA (Probably) but did it Violate Common Law Privacy Rights or those Afforded by the First and Fourth Amendment? New York Plaintiffs Test it Out.

Last Wednesday, most of us received a jarring alert on our cellphones at approximately 2:18 p.m. (EST) It read, “THIS IS A TEST of the National Wireless System. No action is required.” This was a test of the Wireless Emergency Alert (“WEA”) system, commonly known as the “Presidential […]

It’s all So Clear Now: When Asked a Second Time Court Makes Sure to Clarify that the TCPA Still Applies to Debt Collection Calls

There’s nothing wrong with pushing your luck, in theory. But once in a while luck pushes back. A few weeks back Ocwen obtained an almost-great ruling in Wilfredo Gonzalez v. Ocwen Loan Servicing, Case No: 5:18-cv-340-Oc-30PRL, Doc. No. 11, (M.D. Fla. Sept. 5, 2018).  There the Court held that the […]

Striking the Mother Lode: Court Grants Final Approval of $3.5M TCPA Class Action Settlement Providing Award of Over $800 Per Claim, and $1.05M in Attorney Fees

The District Court for the Northern District of California recently granted Plaintiffs’ Motion for Final Approval of a $3.5 Million class settlement in Gergetz v. Telenav, Inc., No. 16-CV-04261-BLF, 2018 WL 4691169 (N.D. Cal. Sept. 27, 2018).  The $3.5M settlement provides for a whopping $800+ per claim recovery […]