While Telephone Consumer Protection Act (TCPA) violations can be very expensive, it’s rare for them to result in an arrest. A telemarketer in Texas has managed to conduct himself so egregiously in his TCPA lawsuit that he may end up spending some time behind bars, or at least in handcuffs. The telemarketer is the defendant… Continue reading Judge Orders Defendant in TCPA Case to Be Arrested
Author: stefen
Court Dismisses TCPA Suit Against Subway on Multiple Grounds
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds. The class action, originally filed in 2016, stems from a text message that the plaintiff received from T-Mobile advertising a… Continue reading Court Dismisses TCPA Suit Against Subway on Multiple Grounds
Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits. The defendant in the case—Derval v. Xaler, Case No 2:19-CV-01881-ODW (JEMx), 2020 U.S. Dist. LEXIS 13912 (C.D. Cal. Jan. 28, 2020)—is Xaler, a California-based cannabis delivery company. The plaintiff claimed that… Continue reading Certification Denied in TCPA Class Action Against Cannabis Delivery Company
Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent
A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.
TRACED Act Signed Into Law
President Donald Trump signed the TRACED Act into law on December 30, 2019. The bill had passed both houses of Congress with near-unanimous, bipartisan support. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is a major piece of new legislation overhauling the regulation of robocalls. We have covered the law in… Continue reading TRACED Act Signed Into Law
Pallone-Thune TRACED Act Passes Senate, Awaits President’s Signature
The Senate passed the Pallone-Thune TRACED Act by voice vote on Thursday. It has previously passed the House of Representatives by a count of 417-3. President Trump is expected to sign it into law soon. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is sponsored by South Dakota Republican Senator John… Continue reading Pallone-Thune TRACED Act Passes Senate, Awaits President’s Signature
District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations. Also known as “soundboard technology,” avatar technology was described by the… Continue reading District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
New York Governor Signs New Telemarketing Restrictions Into Law
New York Governor Andrew Cuomo signed a bill into law on Monday that places new restrictions on telemarketers calling residents of that state. The Nuisance Call Act is designed to close loopholes in the state’s existing telemarketing legislation, which was originally passed in 2001. The new law requires telemarketers to tell New York residents that… Continue reading New York Governor Signs New Telemarketing Restrictions Into Law
Bank Hit with Near-$200,000 Judgment for TCPA Violations
The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA). Interestingly, 42 of those calls were made to a… Continue reading Bank Hit with Near-$200,000 Judgment for TCPA Violations
Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely
Class members in a recent Telephone Consumer Protection Act (TCPA) class action settlement—Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist. LEXIS 187225 (N.D. Ill. Oct. 28, 2019)—each received approximately 2.5% of the payout that they were originally promised. The case involved three cruise lines and a travel agency who were accused of using an automated… Continue reading Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely