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Articles by Nicole Ozeran
Ninth Circuit “Voices” Its Rejection of Plaintiff’s Attempt to Expand TCPA | JD Supra
The Ninth Circuit recently rejected the argument that a text message qualifies as an “artificial or prerecorded voice” under the TCPA. See Trim v. Reward Zone USA LLC, 2023 WL 5025264, 2023 U.S. App. LEXIS 20445 (9th Cir. Aug. 8, 2023). There, the plaintiff alleged that the defendant had violated the TCPA by sending text messages with promotional offers without her consent. Specifically, she alleged that the defendant had sent her a message stating: “Hiya Lucine, you are a valuable customer.
Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment | JD Supra
Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a timely, orderly fashion that avoids surprise.
Rulings, FDA Guidance May Help Food Cos. In Protein Suits | JD Supra
Law360 - April 6, 2022 Since spring 2020, food manufacturers have been hit with a wave of protein-labeling lawsuits all making the same core allegation: that their products' front-label protein content statements violate U.S. Food and Drug Administration regulations, and mislead consumers, by overstating the amount of protein in the food products.
HIGH COURT ORDERS RETHINK OF $9.7M AWARD AFTER TRANSUNION | JD Supra
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez, 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs. In 2017, a trial court certified a class of thousands of individuals who received a mortgage with Quicken Loans (now called Rocket Mortgage) from 2004 to 2009, and granted summary judgment in favor of those class members.
Murky Rules Complicate ADA Compliance Online
By Joshua Briones and Nicole Ozeran Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
TCPA Litigation Update — The Newest TCPA Circuit Split - And It Started With Creasy | Lexology
It would be a colossal understatement to say “a lot” has happened since we last reported on Creasy. Indeed, in the matter of a few months, the courts have given birth to the newest circuit split. First, a quick refresher on the issue: In Barr v. AAPC, the Supreme Court severed the government debt exception from the TCPA. However, the Supreme Court, in all its wisdom, failed to address what impact the severing of the provision from the statute had on the remaining parts.
TCPA Litigation Update - The US Government Sides With Facebook - This Should Make Things Easy For SCOTUS - Media, Telecoms, IT, Entertainment - United States
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The Latest Labeling Issues For Plant-Based Substitute Foods
Law360 (September 14, 2020, 1:49 PM EDT) -- Beyond Meat Inc.'s stock is up roughly 65.5% this year, having gained a whopping 400% since the company's May 2019 initial public offering at $25 per share. It is, therefore, no surprise that the trend of plant-based protein — and dairy substitutes — is growing at an exponential rate. Plant-based substitutes are popping up everywhere — JUST Egg, Brave Robot, Oatly and dozens more — and they are disrupting 100-year-old industries.
INSIGHT: FDA Makes Three (Regulatory) Orders Helping Restaurants
The food industry has been upended by the recent Covid-19 pandemic—restaurants and bars are scrambling to adjust to a new way of life after governors across America issued statewide “stay at home” orders in response to the coronavirus pandemic. The Food and Drug Administration has relaxed labeling standards during this emergency period, providing restaurants the opportunity to develop new cash flows while also providing the public what it needs—food.
INSIGHT: FDA Makes Three (Regulatory) Orders Helping Restaurants
The food industry has been upended by the recent Covid-19 pandemic—restaurants and bars are scrambling to adjust to a new way of life after governors across America issued statewide “stay at home” orders in response to the coronavirus pandemic. The Food and Drug Administration has relaxed labeling standards during this emergency period, providing restaurants the opportunity to develop new cash flows while also providing the public what it needs—food.
TCPA Litigation Update — What’s Covered by TCPA? 7th Circuit Upholds Wireless Carrier Exemption; 11th Circuit Rejects Broad Definition of ATDS
Friday, February 21, 2020 A 7th Circuit judge recently affirmed the dismissal of a Telephone Consumer Protection Act (“TCPA”) putative class action against Subway Restaurants Inc. In the 2016 case, Matthew Warciak alleged that he received an unsolicited coupon from T-Mobile that read: “This T-Mobile Tuesday, score a free 6” Oven Roasted Chicken sub at SUBWAY, just for being w/ T-Mobile. Ltd supply.
Monthly TCPA Digest - April 2018 | JD Supra
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a recent Illinois federal court ruling limiting class certification in a TCPA case to Illinois residents who received the fax at issue. The district court judge relied on the 2017 U.S. Supreme Court opinion in Bristol-Myers Squibb v.
INSIGHT: Ninth Circuit Delivers Bad News to Domino’s and ADA Website Accessibility Defendants
A employee moves pizza boxes before a delivery at a Domino's Pizza Inc. restaurant in Chantilly, Virginia, on Feb. 20, 2018. Andrew Harrer/Bloomberg via Getty Images PrintEmail Story Insights Posted Jan. 24, 2019, 4:01 AM By Joshua Briones and Nicole V. Ozeran The Ninth Circuit’s recent ruling finding Domino’s Pizza violated the ADA because its website and app were inaccessible to blind customers left defendants in these types of cases highly exposed to liability.
Monthly TCPA Digest - November 2017 - Media, Telecoms, IT, Entertainment - United States
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Monthly TCPA Digest - November 2017
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines four recent rulings from Seventh Circuit trial courts regarding an FCC rule under the TCPA that mandates opt-out language on solicited faxes, or those sent with the recipient’s consent.
Monthly TCPA Digest - September 2017 - Media, Telecoms, IT, Entertainment - United States
Check to state you have read and agree to our Terms and Conditions Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use.
Monthly TCPA Digest - September 2017
Ready for good news about TCPA litigation? In this edition of our Monthly TCPA Digest — providing insights on Telephone Consumer Protection Act (TCPA) cases and regulations — we point to a glimmer of hope for businesses. While TCPA litigation has increased by 46% since 2015 and damage claims continue to rise, recent developments suggest that the courts may be edging towards curtailment of the FCC’s regulatory reach.
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