Consumer Class Defense Blog

A Practicable Legal Blog on Consumer Class Actions

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Kristine Argentine

Latest from Consumer Class Defense Blog

Consumer Class Defense Blog

It’s Time for the Main Event: How the Reinforced TCPA May Play a Pivotal Role in the 2020 Elections

By Robert B. Milligan & Darren Dummit

July 10, 2020

With the Supreme Court recently upholding the constitutionality of the Telephone Consumer Protection Act (“TCPA”), political campaigns, PACs, and grassroots GOTV organizations now know the tools by which they will be allowed to go to battle as it relates to the use of text messaging to get out the vote, raise awareness and raise funds. Just as it was for Barack Obama’s historic 2008 election win, the ability for campaigns to find creative ways to…

Consumer Class Defense Blog

A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact

By Jordan Vick

July 8, 2020

Yesterday, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political Consultants, Inc. (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts government debt collection calls (“government debt exemption”) from the statute’s general prohibition on calls to cell phones (“cell phone ban”). The effect of this ruling was to affirm the Fourth Circuit’s decision and leave the cell phone ban intact. A majority of justices…

Consumer Class Defense Blog

Post-Pandemic Litigation Webinar Series

By Scott A. Carlson, Suzanna Bonham, Giovanna A. Ferrari, William Hanlon, J. Scott Humphrey, James McGrath, Kristine Argentine, Jesse M. Coleman, Tonya M. Esposito, Richard Lutkus, EnCE, EnCEP, CEH, Kate Schumacher & Rebecca Woods

July 6, 2020

From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time. To help navigate the litigation landscape, we are kicking off a webinar series that will take a look at what’s happening now and what to expect in terms of litigation practice and…

Consumer Class Defense Blog

Seyfarth Webinar: Desperately Seeking Post-COVID Sales? Don’t Forget About TCPA and the CAN-SPAM Act – July 15, 2020

By Jordan Vick, Robert B. Milligan & Bart Lazar

July 1, 2020

Event Details Wednesday, July 15, 2020 1:00 p.m. to 2:00 p.m. Eastern 12:00 p.m. to 1:00 p.m. Central 11:00 a.m. to 12:00 p.m. Mountain 10:00 a.m. to 11:00 a.m. Pacific Consumer spending in the US plunged more than 13% as a result of the COVID-19 pandemic. As states begin reopening and marketers begin refocusing on acquiring new customers and strengthening their relationships with existing customers, it is imperative for marketers to remember that the Telephone…

Consumer Class Defense Blog

Law.com References Blog Post Written by Darren Dummit, Robert Milligan and Stanley Jutkowitz

By Darren Dummit, Robert B. Milligan & Stanley Jutkowitz

June 30, 2020

A blog post authored by Seyfarth attorneys Darren Dummit, Robert Milligan and Stanley Jutkowitz, titled “Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During Covid-19,” was referenced in a new story from Law.com. The Law.com article explores how TCPA class actions are targeting the cannabis industry. Read the full article at Law.com …

Consumer Class Defense Blog

Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During COVID-19

By Robert B. Milligan, Darren Dummit & Stanley Jutkowitz

June 22, 2020

THC, CBD, CBN … the cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are—or should be—on the top of mind for every dispensary, delivery service, CRM platform, and private equity holding company. This as the US Supreme Court decides what the byzantine 30-year-old law will look like following a landmark decision expected by the end of June or July. The Telephone Consumer Protection Act (TCPA), which regulates…

Consumer Class Defense Blog

Robert Milligan and Joshua Salinas Published Article on California Consumer Law on Law.com

By Robert B. Milligan & Daniel Joshua Salinas

June 18, 2020

Seyfarth attorneys Robert Milligan and Joshua Salinas recently published an article titled “Avoiding California’s Consumer Law Pitfalls Amid the COVID-19 Pandemic” for Law.com. COVID-19 has created unprecedented challenges, including in the area of consumer class action law. This article discusses the new traps and areas of uncertainty the pandemic has caused for businesses navigating California consumer laws. Read the full article at Law.com.…

Consumer Class Defense Blog

The Growing Number of Biometric Privacy Laws and the Post-COVID Consumer Class Action Risks for Businesses

By Kristine Argentine & Paul Yovanic Jr.

June 5, 2020

Biometric privacy continues to be a hot-button topic in the United States, and internationally, with states continuing to join the wave of strict consumer biometric data protection laws. In an effort to avoid costly class action litigation as the country begins to reopen following the COVID-19 pandemic, businesses should be mindful of the potential risks when implementing consumer-related biometric policies and procedures. What Is Biometric Data? Generally, biometric data are physical characteristics that can be…

Consumer Class Defense Blog

Post COVID-19 Considerations as Universities Open in the Fall

By Kristine Argentine & Bessie Fakhri

June 4, 2020

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Major operational changes and disruptions occasioned by COVID-19 have created a swell of contract disputes and new litigation in various industries. The area of higher education is no different. Faced with safety concerns and government stay-at-home orders, universities across the nation have had to adjust, often by ceasing in-person instruction, transitioning to remote learning, and suspending on-campus services, including university-furnished student housing. These adjustments have been met with class actions filed by students seeking tuition…

Consumer Class Defense Blog

Webinar Recap! COVID-19-Related Consumer Class Action Developments and Trends in California

By Robert B. Milligan, Jonathan A. Braunstein, Daniel Joshua Salinas & Darren Dummit

May 29, 2020

In this webinar, Seyfarth attorneys Robert Milligan, Jonathan Braunstein, Daniel Joshua Salinas, and Darren Dummit covered the recent developments in consumer class actions related to COVID-19 in California, explaining the claims and expected defenses, and proactive attempts that companies can employ now to attempt to avoid these suits. As a conclusion to this webinar, we compiled a summary of takeaways: With all sporting events, concerts, conferences and festivals either “postponed” or cancelled by the pandemic,…

Consumer Class Defense Blog

A Practicable Legal Blog on Consumer Class Actions

Blog Authors

It’s Time for the Main Event: How the Reinforced TCPA May Play a Pivotal Role in the 2020 Elections

A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact

Post-Pandemic Litigation Webinar Series

Seyfarth Webinar: Desperately Seeking Post-COVID Sales? Don’t Forget About TCPA and the CAN-SPAM Act – July 15, 2020

Law.com References Blog Post Written by Darren Dummit, Robert Milligan and Stanley Jutkowitz

Mass Texts: How the Cannabis Industry Must Deal with the Surge of TCPA Class Actions During COVID-19

Robert Milligan and Joshua Salinas Published Article on California Consumer Law on Law.com

The Growing Number of Biometric Privacy Laws and the Post-COVID Consumer Class Action Risks for Businesses

Post COVID-19 Considerations as Universities Open in the Fall

Webinar Recap! COVID-19-Related Consumer Class Action Developments and Trends in California

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