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Eleventh Circuit Reaffirms Rejection of "Piggybacking" in Class Actions
Michael F. Dolan,Daniel John Fabiano,Gregory R. Hanthorn,J. Todd Kennard, August 11, 2015
A recent Eleventh Circuit decision that rejected a putative class representative's attempt to "piggyback" onto a previous class action may provide a defense to companies faced with seriatim class actions. The court found that the pendency of a previous class claim-even where the class was...
Sixth Circuit Narrows Scope of TCPA "Unsolicited Advertisements"
William F. Dolan,Daniel J. Fabiano,Gregory R. Hanthorn,Aaron M. Healey,J. Todd Kennard, June 24, 2015
A central issue in many Telephone Consumer Protection Act ("TCPA") cases is whether the communication that the plaintiff challenges amounts to an "unsolicited advertisement" or whether it is merely an informational communication that is not prohibited by the statute. The answer...