Category Archives: Cases in the Spotlight

Cases in the Spotlight: Burger King Junk Fax Class Action

Junk Fax Class Action

On Friday, March 1, 2013 Jay Clogg Realty Group, Inc. sued Burger King in a putative national class action alleging violations of the Telephone Consumer Protection Act.  See the Complaint (here). The plaintiff’s motion for certification, filed the same day, asked the Maryland Federal court to certify this case as a class action for “All persons or entities within the United States to whom Burger King sent, or caused to be sent, facsimile advertisements promoting Burger King and its services, at any time within four years prior to the filing of the instant Complaint.”

There have been many Junk Fax Class Actions, some with judgments running in the hundreds of millions of dollars. Congress enacted consumer protection legislation and the FCC has promulgate rules specifically intended to eliminate this form of annoying, wasteful advertising.

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Cases in the Spotlight: Tyler v. Michael’s Stores

Original Post dated March 8, 2013 – Tyler v. Michael’s Stores

This case is an interesting one, and it’s not entirely over yet.  The central issue in Tyler v. Michael’s stores is whether Massachusetts merchants are allowed to collect consumers’ zip codes at the time of purchase.  It is the only “zip code” case that has been brought in Massachusetts.  There have dozens of class actions concerning major national retailers collecting zip codes in violation of California law.  In this case, the plaintiff was arguing for an interpretation of Massachusetts law that mirrored California’s Song-Beverly Credit Card Act, which forbids the collection of zip codes at the time of purchase by brick and mortar retailers.

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