The Consumer Financial Protection Bureau (“CFPB”) has completed their study on the use of arbitration clauses in connection with consumer financial products or services, and is beginning the process of issuing regulations restricting the use of certain arbitration clauses in contracts relating to financial products and services.
Category: Uncategorized
Court denies class action status in Sherman v. Yahoo! Inc.
In a well-reasoned order, the court in Sherman v. Yahoo! Inc. has denied the plaintiff’s motion for class certification. The District Court for the Southern District of California reached several decisions in this case that could be very useful for other businesses defending themselves from similar TCPA lawsuits. In denying class certification, the court… Continue reading Court denies class action status in Sherman v. Yahoo! Inc.
Good News from the FTC! National DNC Rates will Stay the Same for FY 2016
It seems like almost every week businesses are faced with growing costs in keeping their telemarketing campaigns compliant. Fortunately, the FTC has decided not to increase the price for subscribing to the national do not call registry for the FY 2016. The price for subscribing will remain at $60 per area code, up to a… Continue reading Good News from the FTC! National DNC Rates will Stay the Same for FY 2016
FCC finally gets around to issuing clarification on Efaxes
On September 25, 2009, Westfax, Inc. filed a petition for clarification as to whether electronic faxes are treated the same as regular faxes under the TCPA. Almost 6 years later, the FCC finally got around to responding by way of an eight page declaratory ruling. In their ruling the FCC determined that efaxes that are sent… Continue reading FCC finally gets around to issuing clarification on Efaxes
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
Review of FCC’s new Declaratory Ruling and Order
n June 18, 2015 the FCC held an open meeting during which they voted to approve an omnibus package of declaratory rulings (the “Order”) that address 21 petitions received by the FCC concerning the interpretation and implementation of the Telephone Consumer Protection Act (“TCPA”).