Class Action Blog

Multiple defendants involved in the promotion of a movie with religious and political themes were sued for TCPA violations for their telephone marketing campaign of the movie,
“Last Ounce of Courage”. After the Eighth Circuit found there was Article III standing in an earlier appeal, the matter proceeded to trial which resulted in a statutory damages award of $1.6 billion against one defendant.

Facebook sent Noah Duguid unauthorized text messages to alert him, as a “security precaution,” when his “account” was being accessed by an unrecognized device or browser. He got those messages even though he was not a Facebook customer. Fed up with the alerts despite his attempts to stop them, he sued Facebook seeking to represent putative classes.

Summary: A.D., a minor, filed a class action TCPA suit prosecuted by her mother against Credit One which had called A.D.’s cell phone to collect the mother’s debt. The mother had used A.D.’s cell phone to access the mother’s Credit One account, which Credit One’s caller I.D. “capture software” used to try to collect the mother’s debt. Based upon the terms of the Credit One cardholder agreement between the mother and Credit One, the district court compelled arbitration, denied A.D.’s motion for class certification, and certified for interlocutory appeal “the question whether A.D. is bound by the cardholder agreement.” The 7th Circuit ruled that A.D. was not bound by the cardholder agreement either under contract law or equitable principles and further ruled that on remand the district court was not bound to follow the cardholder agreement’s class action waiver any more than the arbitration clause. For that reason, the district court was permitted to reconsider its denial of the minor’s motion for class certification.