ACE American Insurance agreed to a $9.8 million TCPA class action settlement. ACE allegedly used contact lists provided by two banks which resulted in them calling consumers who were registered on the Do Not Call Registry.
Author: stefen
7 Keys to Avoid TCPA & DNC Lawsuits
Marketers are experts at optimizing sales and increasing profits. That’s what you do best. But in order to excel in your career, you must always be prepared for the court’s next interpretation of the FCC’s technically outdated TCPA or DNC regulations. Each new regulatory interpretation by the court requires an internal review to ensure your… Continue reading 7 Keys to Avoid TCPA & DNC Lawsuits
Uber’s $20 Million Settlement Ends Texting Lawsuit
Maria Vergara filed the lawsuit against Uber on August 7, 2015. She alleged receiving at least eight unsolicited text messages asking her to complete the sign-up process for Uber’s rideshare service, even though she had never signed up for an Uber account. According to the lawsuit, Uber violated the TCPA by sending automated text messages… Continue reading Uber’s $20 Million Settlement Ends Texting Lawsuit
Real Estate Agents: Are You DNC Compliant?
There is an assumption that Do Not Call (DNC) and Telephone Consumer Protection Act (TCPA) regulations do not apply to real estate agents because they are independent contractors. Big businesses are often seen in the spotlight for violating these statutes and individuals may think that their actions will go unnoticed by Federal Trade Commission (FTC) and Federal Communications Commission (FCC) regulators. These assumptions are false. Compliance is mandatory for real estate agents.
FTC Updates Senate on Efforts to Combat Robocalls
Since the FTC began enforcing the Do Not Call provisions of the Telemarketing Sales Rule (TSR) in 2004, the Commission has brought 131 enforcement actions seeking civil penalties.
Reassigned Phone Numbers: The “One Call” Rule Solution
At the time that this blog entry was written, the “one call” rule was a relevant solution to the problem of reassigned numbers. However, in the wake of the D.C. Circuit’s 2015 decision in ACA International v. FCC, the “one call” safe harbor no longer applies. This article has since been rewritten to reflect the current safe harbor status of reassigned numbers.
CITGO $8.3 M TCPA Class Action Settlement for text messaging
CITGO agreed to a $8.3 million TCPA class action settlement involving unsolicited text messages sent to contacts from a prior sweepstakes sponsorship. Mr. Gottlieb alleged that participants in CITGO’s “text-to-win sweepstakes”, promoted at various “concerts, theme parks, sporting events, and retail gas stations”, received unsolicited telemarketing texts in violation of the TCPA. The personal information provided by Mr. Gottlieb’s for… Continue reading CITGO $8.3 M TCPA Class Action Settlement for text messaging
12 States That Still Manage “Do Not Call” Lists in 2017
Update: As of July 1, 20203, Mississippi no longer maintains its own list and instead uses the federal list. Most states that once had “Do Not Call” registries now share the National DNC Registry, but there are still a few holdouts that continue to maintain their own lists. Before telemarketers call into any of these… Continue reading 12 States That Still Manage “Do Not Call” Lists in 2017
TCPA Class Action Lawsuit Asks ‘What is an Autodialer?’
Can a text message platform that ONLY sends messages to a set list of numbers be considered an “autodialer” under the TCPA? That was the $1.8 billion question brought before the District Court for the Northern District of Illinois. And yes, the plaintiffs were seeking nearly two billion dollars in damages. Now, after years of… Continue reading TCPA Class Action Lawsuit Asks ‘What is an Autodialer?’
What We Learned from 5 Major TCPA Lawsuits in 2016
Last year saw nearly a 32% increase in number of the Telephone Consumer Protection Act (TCPA) case filings over the previous year. Amongst the thousands of TCPA class action lawsuits filed, we’ve identified five major suits in particular that have provided some valuable lessons. While we review these cases, ask yourself if you notice any… Continue reading What We Learned from 5 Major TCPA Lawsuits in 2016