Author: Jeff HuberV2

FCC cites popular ride share company for TCPA violations

In a somewhat unusual case the FCC has cited Lyft Inc. for failing to allow consumers to use Lyft’s services without opting in to receive autodialed texts and calls. While Lyft’s terms of services state that customers have the ability to unsubscribe or opt out from receiving text messages, Lyft does not actually provide any unsubscribe options… Continue reading FCC cites popular ride share company for TCPA violations

Proposed Bill to Criminalize Robocalls without Prior Consent

One New York senator apparently wants to take telemarketing enforcement to the next level. In a bill sponsored by New York Senator Chuck Schumer, the senator proposes the so called “QUIET Act” that would make it a criminal offense to call someone using an ATDS (based off of the same murky definition used in the TCPA)… Continue reading Proposed Bill to Criminalize Robocalls without Prior Consent

Court applies new FCC Order in TCPA case, but ignores future capacity standard

This week, in the case of Luna v. Shac, LLC et al., the District Court for the Northern District of California issued one of its first post FCC Declaratory Ruling decisions regarding the interpretation of an ATDS under the TCPA. While the court cited to the FCC’s Declaratory Ruling and Order supporting the position that… Continue reading Court applies new FCC Order in TCPA case, but ignores future capacity standard

TCPA Liability Adds up Quickly

Last week the FCC released a forfeiture order against Travel Club and several other related parties imposing a fine of $2,960,000. This fine was based on 185 unsolicited robocalls in violation of the TCPA (185 violations x $16,000 per violation). Normally, you would except to see some sort of settlement agreement where the businesses are… Continue reading TCPA Liability Adds up Quickly

FTC announces anti-robocall prize winners

As part of their annual competition, the FCC has announced the winners of its “Robocalls: Humanity Strikes Back” and “DetectaRobo analytic challenge” contests. Ethan Garr and Bryan Moyles created a solution called RoboKill, and received the first place prize of $25,000. Hemant Sengar came up with a similar solution and received $10,500. The non-monetary prize winners of the… Continue reading FTC announces anti-robocall prize winners

$229,500 TCPA judgment against Time Warner Cable

The United States District Court, for the Southern District of New York recently granted summary judgement against Time Warner Cable, and awarded the plaintiff $229,500 as statutory damages for the 153 automated calls Time Warner made to the plaintiff’s cell phone. Time Warner tried to defend their actions by arguing that they had been trying to reach… Continue reading $229,500 TCPA judgment against Time Warner Cable

National Consumer Law Center Publishes Debt Collection Report

Last month the National Consumer Law Center (“NCLC”) published a report entitled “Debt Collection Communications: Protecting Consumers in the Digital Age” and submitted it to the Consumer Financial Protection Bureau (“CFPB”) for consideration in their upcoming Debt Collection Rulemaking. The NCLC’s report recommends that the CFPB issue regulations to: Provide a specific limit for the… Continue reading National Consumer Law Center Publishes Debt Collection Report

4th of July and other State Holidays for July

With the 4th of July Holiday fast approaching, it is important to note there are several state restrictions in place for outbound calls during the holiday period. These include: Friday, July 3: Alabama, Louisiana, Utah* Saturday, July 4: Alabama, Louisiana, Mississippi, Rhode Island, Utah* Monday, July 6: Rhode Island* *Independence Day Observed Other state holidays… Continue reading 4th of July and other State Holidays for July