Consumer Protection

Texas Pete’s Hot Sauce Accused of False Advertising in Class Action Lawsuit

On September 12, 2022, Plaintiff and California resident Phillip White, brought a class lawsuit on behalf of himself and other similarly situated plaintiffs against Defendant T.W. Garner Food Company in the United States District Court of Central District of California. The Complaint asserts that although T.W. Garner brands its hot sauce products under its Texas Pete brand name, there is “surprisingly nothing Texas about them.” Plaintiff alleges that unknown to consumers, Texas Pete’s hot sauces are standard Louisiana-style, made with ingredients sourced outside the state of Texas, at a factory in North Carolina. Even though the […]

Recipients of Telemarketing Calls Made on Behalf of DirecTV Granted Class Certification in Class Action Lawsuit

On August 1, 2022, the United States District Court for the Northern District of West Virginia granted class certification to a group of about 114,000 individuals who, despite being on the national Do-Not-Call Registry, received at least two robocalls placed on behalf of DirecTV.  The court concluded that this was “a model case for the application of the class action mechanism.”

In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”), which, among other things, created a Do-Not-Call Registry that prohibited the initiation of telephone solicitations to residential telephone numbers listed on the registry.  The TCPA provides […]

The Supreme Court Narrows the TCPA’s Autodialer Provision: Facebook Can Text You

On April 1, 2021, the Supreme Court issued a unanimous decision in Facebook, Inc. v. Noah Duguid, No. 19-511, 2021 U.S. LEXIS 1742 (U.S. Apr. 1, 2021), siding with Facebook in narrowing the federal ban on unsolicited robocalls and robotexts.   The Court held that Facebook did not violate the Telephone Consumer Protection Act of 1991 (“TCPA”) by sending security related text messages to the Plaintiff, Noah Duguid.  Duguid sued Facebook after receiving several text messages from Facebook alerting him that someone tried to access his Facebook account from an unknown browser, when he never had a […]

Navigating The Class Action Legal Landscape During COVID-19

As we gear up to enter back into our new normal, industries of all types will be facing legal issues due to COVID-19 related claims. During this pandemic, grocers and essential businesses are facing class action lawsuits in spite of attempting to mitigate the risk.  Employees and shoppers are filing against retailers and grocers alleging that employers took inadequate steps to protect employees and shoppers from COVID-19.

Matt Berkowitz and Brian O’Shea discuss many types of scenarios and positions that the defense and plaintiff might take during a class action lawsuit due to COVID-19 exposure.

Junk Faxes – The Telephone Consumer Protection Act and the Battle of the “Unsolicited Advertisement”

On June 20, 2019, the Supreme Court issued its decision in PDR Network, LLC, et al. v. Carlton & Harris Chiropractic, Inc., Docket No. 17-1705. This case involves the receipt of an unsolicited fax and whether such a fax violates the Telephone Consumer Protection Act (“TCPA”). The Court declined to squarely answer the question, but instead, sent it back to theCourt of Appeals for additional review.

Generally, under the Telephone Consumer Protection Act (“TCPA”) anyone can sue if they receive an unsolicited ad by fax. This is exactly what happened in PDR Network. Carlton & Harris Chiropractic […]

By |2019-11-26T13:19:03-05:00June 27th, 2019|Practice Areas: Consumer Protection|

SCOTUS Hears Arguments to Equitable Tolling Doctrine for Class Certification Appeal

On November 27, 2018, the Supreme Court heard  oral argument in Nutraceutical Corp. v. Lambert, No. 17-1094, to determine whether Federal Rule of Civil Procedure 23(f)’s 14-day deadline to file for permission to appeal an order granting or denying a class-action certification is subject to equitable exceptions.

Rule 23(f) provides that the court of appeals may hear an appeal from an order granting or denying class certification.  To appeal the order, the party must petition the court of appeals for permission within 14 days after the order is entered.

In Lambert, Respondent Troy Lambert filed a class action […]

By |2019-11-26T13:15:32-05:00November 28th, 2018|Practice Areas: Consumer Protection|Topics: , |

The Telephone Consumer Protection Act: Recent Developments & Best Practices to Protect Your Business

Receipt of unsolicited phone calls or text messages is not uncommon. These calls are often only moderately inconvenient for the recipient; however, if the unsolicited communication does not strictly follow the mandates of the Telephone Consumer Protection Act (“TCPA”), consequences for the caller can be catastrophic. The following is a brief overview of the TCPA, recent developments in the law, and best practices to protect your business and to ultimately avoid costly litigation.
TCPA Background
The TCPA was enacted in 1991, a time when residential landlines were standard and cellular telephones were an exception. Twenty-seven years […]

By |2019-11-26T13:13:26-05:00May 1st, 2018|Practice Areas: Consumer Protection|

D.C. Circuit Confirms Statutory Violations Alone Are Not Enough For Standing to Sue

In the wake of the Supreme Court’s holding in Spokeo, Inc. v. Robins,136 S. Ct. 1540 (2016), federal courts routinely struggle to determine when a statutory violation will rise to the level of a concrete harm that will confer standing to bring suit.  For instance, the District Court for the Middle District of Florida found that a procedural violation of the FCRA—without any attendant harm—was a concrete injury enabling plaintiffs’ lawsuit to proceed.  See Hargrett v. DEDC LLC, 235 F. Supp. 3d 1320 (M.D. Fla. 2017) (click here for additional analysis).  On the other hand, […]

By |2019-11-19T12:03:52-05:00March 12th, 2018|Practice Areas: Consumer Protection|

PACER Class Action Proceeds with Partial Win for Plaintiffs

On March 31, 2018, the United States District Court for the District of Columbia ruled on cross-motions for summary judgment in the PACER class action litigation that the federal judiciary improperly spent $198 million in fees collected through the courts’ public records platform.

In National Veterans Legal Services v. United States of America, three nonprofits filed a class action in 2016 against the United States alleging that thousands of PACER users were overcharged in accessing court documents and that the class is entitled to a refund under the Little Tucker Act.  The named plaintiffs, National Veterans Legal […]

By |2019-11-26T13:12:10-05:00March 8th, 2018|Practice Areas: Consumer Protection|