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|Do Not Go Gentle Into that Good Night: Strategies for Defending Against TCCWNA Class Actions|
Wilson G. Barmeyer, Kymberly Kochis, Francis X. Nolan, Lewis S. Wiener; Eversheds Sutherland (US) LLP;
February 7, 2017, previously published on February 6, 2017Businesses engaged in advertising and sales practices involving New Jersey consumers have been contending with an increase in the number of class action lawsuits brought under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”)....
|Avoid the Class Action|
Jim Juliano; Nicola Gudbranson Cooper LLC;
January 26, 2017, previously published on Winter 2017Business owners often think of class-action lawsuits in terms of consumer issues such as deceptive practices or product defects. Two recent lawsuits from the sports world show that businesses or nonprofit organizations with more than a few employees, or ones that expose customers or consumers to...
|Blink and You’ll Miss It: TCPA Implications of Appointment of New FCC Chairman|
Wilson G. Barmeyer, Thomas M. Byrne, Alexander P. Fuchs, Patricia A. Gorham, Francis X. Nolan, Rocco E. Testani, Lewis S. Wiener, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
January 26, 2017, previously published on January 26, 2017With all the pomp, circumstance, and general political commotion surrounding the inauguration of President Donald J. Trump on January 20, 2017, it was easy to overlook one of his first acts in office: the appointment of Ajit Pai as the new Chairman of the Federal Communications Commission (FCC)....
|Death Knell for the Telephone Consumer Protection Act|
Wilson G. Barmeyer, Francis X. Nolan, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
January 20, 2017, previously published on January 18, 2017The presidential transition has left many prognosticators scrambling to figure out the policy implications of the change in administration. Among countless other things, companies affected by the Telephone Consumer Protection Act (TCPA) should consider whether the upcoming shift in political power...
|Plaintiffs Have Come Up Empty on Class Action Slack Fill Litigation But Are Expected to Pick It Up in 2017|
Brittany M. Cambre, Sarah Q. Chaudhry, Melissa A. Conrad-Alam, Michael R. Nelson, Meghana D. Shah, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
January 19, 2017, previously published on January 18, 2017Complaints regarding the amount of product contained in a particular package appear to be the new battlefront on which plaintiffs are waging war on a wide range of consumer product manufacturers. The lawsuits are spurred by a set of regulations, issued by the U.S. Food and Drug Administration (FDA)...
|Redial: 2016 TCPA Year in Review ¿ Analysis of Critical Issues and Trends|
Curtis Arnold, Wilson G. Barmeyer, Thomas M. Byrne, Kristine M. Ellison, Alexander P. Fuchs, Francis X. Nolan, Lewis S. Wiener, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
January 19, 2017, previously published on January 18, 2017The Sutherland TCPA team has published its third annual REDIAL: 2016 TCPA YEAR IN REVIEW - ANALYSIS OF CRITICAL ISSUES AND TRENDS.
|Hit ‘em Where They Ain’t - TCCWNA Class Actions Target Broad Range of Consumer-Facing Practices|
Kymberly Kochis, Francis X. Nolan, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
January 6, 2017, previously published on January 5, 2017Consumer-facing businesses that advertise and sell to New Jersey consumers, whether through brick and mortar operations or over the Internet, are being targeted in class action lawsuits under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA, pronounced...
|Away Game: Canadian Supreme Court Allows Superior Court Judges to Determine Settlement Motions Outside of their Home Provinces|
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 5, 2017, previously published on December 6, 2016Recently, the Supreme Court of Canada had the opportunity to decide a specific issue with potentially large ramifications. In Endean v. British Columbia (Endean), the Court considered whether judges of the Canadian Superior Courts have jurisdiction to hear motions in a different province. While the...
|South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds|
William Chase McNair, Cheryl D. Shoun; Nexsen Pruet, LLC;
January 5, 2017, previously published on December 19, 2016The South Carolina Court of Appeals has offered insight into its opinion on the issue of whether a developer may contractually create and enforce jury trial and class action waivers in a master deed. The Court’s position is good news for developers and those who represent them.[i]
|Court in the BP p.l.c. Securities Litigation Upholds Opt-Out Procedures But Then Allows Individual Action Plaintiffs to Opt Back Into $175 Million Settlement|
Kevin Mortimer, Joel D. Rothman, Peter M. Saparoff; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 5, 2017, previously published on November 29, 2016On November 4, 2016, Judge Keith Ellison of the United States District Court for the Southern District of Texas granted preliminary approval of a $175 million settlement in the federal securities class action In re: BP p.l.c. Securities Litigation between BP and Lead Plaintiffs for the...