I thought readers might find helpful some broader observations on strategies for defending class actions in 2016:
In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs.
The Court of Appeal for Ontario has recently confirmed that the Securities Act provides a circumscribed route for class actions alleging secondary market misrepresentations.
In early 2015, seven female employees of Qualcomm brought a gender discrimination class and collective action lawsuit on behalf of themselves and roughly 3,300 other female employees.
By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5).