Earlier this month, a district court in Washington ruled against Robinhood, the stock trading app and brokerage, in its attempts to get a text-message-based class action dismissed. What makes it especially notable is the class action is being brought under Washington’s Consumer Electronic Mail Act (CEMA) rather than the federal Telephone Consumer Protection Act (TCPA).… Continue reading Robinhood Sued Under Washington State Law for Referral Texts
Author: stefen
Michigan Telephone Solicitation Act Webinar Recap
Earlier today, we hosted a webinar titled Everything You Need to Know About the Michigan Telephone Solicitation Act. Contact Center Compliance’s Arvell Craig hosted Eric J. Troutman of TCPAWorld and the Troutman Firm to discuss the potentially important, new, proposed telemarketing legislation currently being considered by the Michigan legislature. Among the aspects of the Michigan… Continue reading Michigan Telephone Solicitation Act Webinar Recap
Political Campaigns Must Contend with New 10DLC Rules
Tuesday, November 8 is election day in what is shaping up to be a busy midterm election year. That means that political campaigns, and the communications and marketing professionals that they hire, are sending campaign-related text messages in enormous volumes. Political campaign messages are afforded some exemptions and privileges under the Telephone Consumer Protection Act… Continue reading Political Campaigns Must Contend with New 10DLC Rules
July Grab Bag
The FCC and Ohio AG go after a robocaller, Perrong sues Oz, and the DC Circuit upholds the TRACED Act’s changes to TCPA exemptions.
$4 Million TCPA Settlement Shows That Text Risks Haven’t Disappeared Completely
A District Court in Florida approved a settlement in a Telephone Consumer Protection Act (TCPA) class action that demonstrates how even the most secure seeming communication channels carry some degree of risk. The defendant will pay $4 million for ATDS violations.
Congress Proposes TCPA Bill That Would Change ATDS Definition
A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include: Changing the definition of automatic telephone dialing system (ATDS) such that it no longer includes the key phrase “using… Continue reading Congress Proposes TCPA Bill That Would Change ATDS Definition
$2.5 Million Class Action Settlement Finalized for TCPA Violations By Automotive Dealer
The Central District of California Court finalized a $2.5 million settlement for Telephone Consumer Protection Act (TCPA) class action against an automotive dealer. What makes this settlement especially notable is it had been pending since before the Supreme Court’s decision in Facebook v. Duguid.
June Grab Bag: Compliance News
The TCPA, FCC, and state law news that matters from June.
Third Circuit Ruling Involves Expansive Autodialer Definition
The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.
Compelled Arbitration as a TCPA Defense Strategy
In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.