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Consumers Slam Cruise Co. s Bid To Shake TCPA Suit
Law360 (January 14, 2021, 9:23 PM EST) A certified class of consumers has asked a California federal court not to dismiss its Telephone Consumer Protection Act case against a cruise company, arguing that a recent U.S. Supreme Court decision striking down a portion of the act does not make the TCPA unconstitutional.
Lead plaintiffs John McCurley and Dan Deforest told the court Wednesday that Royal Seas Cruises Inc. got it wrong in its Nov. 20 motion to dismiss when asserting that the high court s July decision which struck down an exception to prohibited calls for the collection of federally backed debts means that the entire act was.
Supreme Court Considers Issue of Damages That Comes Up in Many Suits Over School Policies Subscribe Copy URL
The U.S. Supreme Court on Tuesday took up a thorny legal question out of a case about student speech on college campuses that has practical consequences for a range of legal challenges to school district policies.
In
(Case No. 19-968), the court is deciding whether a government agency’s lawsuit-prompted change to an allegedly unconstitutional policy is enough to make that suit moot when the challenger seeks only nominal damages, such as $1, as opposed to so-called compensatory damages designed to redress specific injuries.
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Calif. Dispensary Slapped With TCPA Suit For Unwanted Texts
Law360 (January 12, 2021, 6:16 PM EST) A California marijuana dispensary became the latest target in a string of proposed Telephone Consumer Protection Act class actions against cannabis companies when a suit filed Monday accused it of sending customers a barrage of unwanted promotional text messages.
Christian Lemus told a California federal court that 2015 Halladay Wellness Inc., a Santa Ana, California, dispensary doing business as West Clinik, bombarded him with text messages starting in July, even though he did not consent to automated texts and is on the National Do Not Call Registry.
Getting a ‘couple annoying texts’ is worse than First Amendment violation?
Taylor Swift’s decision to seek just $1 from a radio host she claimed groped her may end up changing the power dynamics between universities and their students.
In oral argument Tuesday, Supreme Court justices cited the singer’s successful lawsuit against David Mueller in 2017 as evidence of the importance of “nominal damages” in litigation for injuries that are hard to quantify in monetary terms, such as constitutional violations.
Advocacy groups from across the ideological spectrum supported the two students who sued Georgia Gwinnett College for unconstitutionally shutting down and chilling their evangelism on the public campus.
In
Hirsch v. USHealth Advisors, LLC, Judge Pittman, of the United States District Court for the Northern District of Texas, denied Aaron Hirsch’s (“Plaintiff”) Motion for Class Certification, which was based on allegations that USHealth Advisors, LLC (“USHA”) and USHealth Group, Inc. (“USGA”) (collectively “Defendants”) violated the Telephone Consumer Protection Act and Maryland equivalent of the Telephone Consumer Protection Act. In doing so, the Court put a dent in claims where professional plaintiffs seek to profit off the TCPA.
In that case, Plaintiff developed a plan to “profit through the TCPA.” When Plaintiff was called by a lead-generation vendor, Plaintiff, on multiple occasions, stated he was interested in buying health insurance (although he was not), scheduled a phone call with a USHA agent, and, after receiving the call from the USHA agent, asked to be placed on the internal do not call list. When Plaintiff received subsequent calls and texts, he