Aranda v. Caribbean Cruise Line, Inc. Plaintiffs alleged that Caribbean Cruise, Vacation Ownership Marketing Tours, and the Berkley Group, a time share company, participated together in a robocalling campaign in which marketing calls were disguised as political satisfaction surveys.
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FCC’s Robocall Strike Force Meets, Considers Solutions
The Federal Communications Commission held its first meeting of the Robocall Strike Force, with more than 33 companies and organizations represented for the concerted effort to strike out robocalls. An industry-led Strike Force group committed “to developing comprehensive solutions to prevent, detect, and filter unwanted robocalls” answered the call of FCC Chairman Tom Wheeler to… Continue reading FCC’s Robocall Strike Force Meets, Considers Solutions
Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules
Calls with a prerecorded message or made using an automated telephone dialing system to a Voice-over-Internet number with limited minutes should be treated the same as calls to a cellphone under the Telephone Consumer Protection Act, a New York federal court has ruled. Reny Rivero sued America’s Recovery Solutions alleging violations of the TCPA based… Continue reading Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules
House Takes Small Step Toward Statutory TCPA Reform
On September 22, members of the U.S. House of Representatives (Communications & Technology Subcommittee of the Energy & Commerce Committee) convened a meeting to discuss desperately needed, common sense TCPA reform. The tide of TCPA lawsuits and class actions appeared to be the primary concern. Committee members agreed that common-sense solutions were needed both to… Continue reading House Takes Small Step Toward Statutory TCPA Reform
Gannett Co. to Pay 13.8 Million to Settle TCPA Robocall Lawsuit
Plaintiffs allege Gannett made numerous autodialed calls to consumer cell phones without first obtaining prior express written consent from the called parties. Gannett denies the calls were illegal, but opted to settle.
FTC hikes DNC access fees effective October 1
This week the FTC announced that its FY 2017 fees for accessing the national Do-Not-Call database will be mildly increased to $61 per area code, or $16,714 for the entire national file. The fee increase takes effect on October 1, 2016.
How can my compliance training solution or internal testing program help win my TCPA/TSR case?
Recall that both the TCPA and TSR provide a limited “safe harbor” defense against certain law violations. In order for you to claim the DNC safe harbor defense in a TCPA/TSR case, you must first have these process in place.
Louisiana State of Emergency Status Update: Telephone Solicitation Restrictions Lifted
The state of emergency declared by the Governor of Louisiana on August 12, 2016 has now been revised to allow telephone solicitation to resume.
FCC releases regulations regarding new government TCPA exemption
On August 11, 2016, the FCC released long awaited behavioral rules and definitions clarifying Congress’ newly passed exemption for calls relating to government-backed debts.
FCC Hosts First Meeting of Industry-Led Robocall Strike Force
On August 19, 2016, the FCC hosted the first meeting of the Robocall Strike Force, an industry-led group that is committed to developing comprehensive solutions to prevent, detect, and filter unwanted robocalls. Robocalls and telemarketing calls are the number one source of consumer complaints received by the FCC. Following a call to action by FCC… Continue reading FCC Hosts First Meeting of Industry-Led Robocall Strike Force