Career Counseling, Inc., dba Snelling Staffing Services, a South Carolina Corporation v. Amerifactors Financial Group, LLC
AdministrativeLaw Privacy ClassAction
Whether the Fourth Circuit properly imposed an "administrative feasibility" requirement for class certification that conflicts with the approach of six other circuits.
Whether the Fourth Circuit's ruling that the TCPA is limited to "stand-alone" fax machines creates a split with the Sixth Circuit's holding that "the plain language of the TCPA... makes clear that a 'telephone facsimile machine' encompasses more than traditional fax machines that automatically print a fax received over a telephone line," and does not require excluding from a certified class users of "online fax services."
Whether the Telephone Consumer Protection Act (TCPA) requires an 'administrative feasibility' requirement for class certification and whether the TCPA applies to online fax services beyond traditional stand-alone fax machines