In an ex parte filing NCLC revealed chief spokesperson met with critical member of the FCC staff to encourage them to change NPRM wording from extending, extend, and extension in relation text messages to the DNC Registry to clarifying, clarify, and clarification.
TCPA defendant’s motion to strike class action allegations was granted by Northern District of Illinois. Court held individual questions of consent and availability of established business relationship defense made claims unsuitable for class treatment.
Eleventh Circuit affirmed the ruling on appeal. So no more professional plaintiff Ken Johansen bringing TCPA class actions. See Johansen v. Bluegreen Vacations.
Should people be paid for bringing class actions ending in settlements? That question MIGHT go to U.S. Supreme Court. If appeal is successful, incentive awards will be preserved. If not, there is no financial incentive for class representatives to pursue complex litigation.
An Allstate owned insurance marketer National General Marketing faces a TCPA class action for funeral insurance services robocalls. The suit for consumer Stewart Smith claims National General generates leads by calling consumers who never consented to receive their calls.