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Wednesday, October 28, 2026

Al Piemonte Nissan Settles TCPA Class Action for Up to $3.7 Million

A Nissan dealer has agreed to settle a TCPA class action over do-not-call telemarketing calls and texts for as much as $3.7 million. Several other TCPA rulings landed this week, including losses for Staples and Fulton Bank and a partial class certification in Florida.

1Lookup Signal Report

7.9% of 799 checks came back undeliverable on 1Lookup today

Across 799 checks run on the 1Lookup platform on 2026-10-28, 7.9% came back undeliverable. Deliverable results ran at 88.4%, up 3.8 points from the trailing seven-day average of 84.6%.

Email deliverability

799 checks

  • deliverable88.4%
  • undeliverable7.9%
  • other line types3.8%

Every completed lookup on 1Lookup this UTC day.

  1. 01

    Al Piemonte Nissan settles TCPA class action over do-not-call telemarketing for up to $3.7 million

    Al Piemonte Nissan has settled a TCPA class action alleging it made telemarketing calls and sent texts to numbers on the do-not-call registry. The settlement is valued at as much as $3.7 million.

    Why it matters: Calling or texting numbers on the do-not-call registry remains an active source of class action exposure for businesses that call or text prospects. A settlement this size shows the cost of getting that wrong.

  2. 02

    Staples loses standing argument in TCPA class action over unwanted marketing texts

    Staples lost a ruling on a standing argument in a TCPA class action alleging it sent unwanted marketing texts. The outlet notes Staples has lost a string of TCPA decisions recently, including an argument it lost on the same point a different defendant's counsel had won the same week.

    Why it matters: Courts are not giving defendants easy outs on standing arguments in texting cases. Businesses that send marketing texts should not assume procedural defenses will end a case early.

  3. 03

    Fulton Bank denied arbitration in TCPA class action over narrow arbitration clause

    Fulton Bank was denied arbitration in a TCPA class action in Ertl v. Fulton. The court found the consumer had accepted the agreement, but the arbitration provision's terms were too narrow to cover the claims.

    Why it matters: Arbitration clauses that are drafted too narrowly will not protect a business from a class action even when a consumer agreed to them. Businesses should check that their arbitration language actually covers TCPA-type claims.

  4. 04

    Florida federal court partially grants TCPA class certification in prerecorded call case

    In Duverger v. Real Estate Sales Force Inc., the Southern District of Florida partially granted the plaintiff's motion for class certification, allowing a prerecorded call class to proceed while denying certification of another class.

    Why it matters: Partial certifications show courts will split claims rather than reject a case outright. A business facing a mixed complaint can still end up defending a live class on at least one theory.

  5. 05

    California Privacy Protection Agency proposes adding Global Privacy Control as a required opt-out signal

    The California Privacy Protection Agency released proposed text amending its opt-out preference signal regulations. The key change adds the Global Privacy Control as an acceptable opt-out signal that businesses selling or sharing personal data must honor, along with added practical examples for businesses.

    Why it matters: Businesses that sell or share personal data in California would need to recognize and honor Global Privacy Control signals as valid opt-outs once finalized, adding another channel they must monitor.

  6. 06

    TCPA class action filings fell sharply year over year in September, fourth straight month of decline

    TCPA class action filings were down massively year over year in September 2026, marking the fourth straight month of decline. The report also references Lex Machina's 2026 Consumer Protection Litigation Report on the broader rise in consumer protection cases in 2025.

    Why it matters: A four-month filing decline is a trend worth watching, but the individual case losses this week show exposure has not disappeared for businesses that call or text without proper consent and opt-out handling.

Questions people asked today

How much is the Al Piemonte Nissan TCPA settlement worth?
The settlement over do-not-call telemarketing calls and texts is valued at as much as $3.7 million.
Why did Fulton Bank lose its arbitration bid in the TCPA case?
The court found the consumer accepted the arbitration agreement, but the arbitration provision's terms were too narrow to cover the TCPA claims in Ertl v. Fulton.
What is the California Privacy Protection Agency proposing to change?
It released proposed text adding the Global Privacy Control as an acceptable opt-out signal that businesses selling or sharing personal data must honor, along with practical examples for businesses.
Are TCPA class action filings going up or down?
Filings were down massively year over year in September 2026, the fourth straight month of decline, according to TCPAWorld.

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