Class Action Defense
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Equipment Failure: Eastern District of Pennsylvania Denies Certification to TCPA Class Involving Unsolicited Faxes Because TCPA Applies Only to Standalone Fax MachinesJuly 28, 2025 | Class Action Defense
In Fischbein v. IQVIA, Inc., a case involving alleged violations of the Telephone Consumer Protectio...
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Catching a Break: Eleventh Circuit Vacates the FCC’s “One-to-One” TCPA Consent Rule
April 1, 2025 | Class Action Defense
In recent years, the Federal Communications Commission (FCC) has adopted various Reports and Orders ...
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ChatBot or Not: California Federal Courts Limit CIPA Applicability
September 3, 2024 | Class Action Defense
The Northern District of California recently issued a decision further constraining plaintiffs’ ab...
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New Jersey Supreme Court Confirms the Enforceability of Class Action Waivers
July 25, 2024 | Class Action Defense
The New Jersey Supreme Court issued a unanimous opinion on July 10, 2024, holding that class action ...
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Fourth Circuit Revives Claim that Faxes Promoting Free Webinars are “Unsolicited Advertisements” Under the TCPA
July 19, 2024 | Class Action Defense
Last month, the Fourth Circuit in Family Health Physical Medicine, LLC v. Pulse8, LLC, et al. reviv...
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New Jersey Supreme Court Holds “Illusory Discounts” Do Not Support a Claim of Ascertainable Loss Under the Consumer Fraud Act
April 25, 2024 | Class Action Defense
In a 4-3 opinion, the New Jersey Supreme Court held that the mere purchase of a product falsely repr...
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District Court Affirms United States Copyright Office’s Denial of Copyright Registration for AI-Generated Visual Art
October 2, 2023 | Class Action Defense
Pursuant to the Copyright Act of 1976, “original works of authorship fixed in any tangible medium ...
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“Say Cheese!” CVS Passport Photo Practices Subject to BIPA Suit
August 11, 2023 | Class Action Defense
In May 2022, a group of plaintiffs brought a putative class action against CVS Pharmacy, Inc. (CVS) ...
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Delaware District Court Allows for Single Claim to Proceed Against Amazon in Illinois Biometric Information Privacy Act Class Action Suit
May 3, 2023 | Class Action Defense
The Illinois Biometric Information Privacy Act (BIPA) is designed to protect and regulate the use of...
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Fifth Circuit Affirms District Court’s Grant of a Motion to Strike Class Allegations
April 5, 2023 | Class Action Defense
The Fifth Circuit Court of Appeals recently affirmed the grant of a pre-discovery motion to strike c...
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Appellate Division Holds Plaintiffs Can State a Claim Under New Jersey’s CFA and TCCWNA Statutes Where an Advertised Discount Is Alleged to Be Illusory
March 22, 2023 | Class Action Defense
A recent split decision from the New Jersey Appellate Division called into question whether the “a...
