In a recent decision in the United States District Court for the Northern District of Illinois, the court held that the defendant, who used two different phone systems – an autodialer and a separate click to call system – had not violated the TCPA by using the click to call system to call cell phone numbers, because… Continue reading District Court decision supports legality of using separate system to call cell phones.
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May State Holiday Calling Alerts
- May State Holiday Calling Alerts
- Monday, May 4th is Independence Day in Rhode Island. Make sure to adjust your campaigns accordingly.
Don’t forget about the TSR! FTC attorney reminds businesses about TSR Robocall compliance
In a recent post to the FTC’s Business Blog, FTC attorney Bikram Bandy answered some basic questions about complying with the robocall provisions of the Telemarketing Sales Rules (“TSR”). Similar to the FCC’s rules issued pursuant to the TCPA, the FTC prohibits certain robocalls. According to Bandy: “If you’re trying to sell something, you… Continue reading Don’t forget about the TSR! FTC attorney reminds businesses about TSR Robocall compliance
Wal-Mart gets hit by another TCPA class action lawsuit
Last September a class action lawsuit was filed against Wal-Mart in Florida for allegedly making automated prescription refill calls in violation of the TCPA. A new TCPA lawsuit against Wal-Mart has now been filed in the Northern District of Georgia, and is also seeking class action status. The new suit alleges that Wal-Mart made… Continue reading Wal-Mart gets hit by another TCPA class action lawsuit
State DNC Holidays for April
- 4/3/15: Good Friday. Louisiana
- 04/27/2015: Confederate Memorial Day. Alabama and Mississippi
Meet Lemberg Law: Top TCPA Professional Plaintiff
Lemberg Law is just one example of the professional litigants flooding contact centers and their clients with TCPA and related lawsuits. They have automated the process of documenting complaints from consumers with a Legal Call Blocker application that allows consumer to file complaints directly from their wireless devices. Here are some startling facts: Collected over $30… Continue reading Meet Lemberg Law: Top TCPA Professional Plaintiff
FTC announces two new robocall contests to be held this summer
Building on their success from previous years, the FTC will once again hold several contests to encourage the public to help them combat unwanted robocalls. The two contests are called Humanity Strikes Back, and DetectaRobo. The first contest asks contestants to create a technical solution for consumers that will identify unwanted robocalls and forward them to a so called… Continue reading FTC announces two new robocall contests to be held this summer
New FTC settlement reaffirms the fact that merely incorporating political surveys is not enough
The FTC announced today that it, along with 10 state attorneys general, have settled most of the charges in a lawsuit they previously brought against Caribbean Cruise Line, Inc. and several affiliates for illegally selling cruise vacations using a political survey robocalls component. Apparently, the defendants thought they could get away with combining their sales pitches with a political survey (which… Continue reading New FTC settlement reaffirms the fact that merely incorporating political surveys is not enough
FCC Goes After the Little Guys Too!
We are used to seeing the FCC and the FTC go after the big fish–larger companies who have generated numerous complaints and usually thousands of alleged violations. However, on occasion, we do see the FCC or FTC take enforcement action against much smaller companies or when far fewer violations are involved. The FCC’s January Forfeiture… Continue reading FCC Goes After the Little Guys Too!
2 Recent Cases Address ATDS Definition in Helpful Way
McKenna v. WhisperText. The defendant sent text messages to the plaintiff at the direction of third parties.
Glauser v. GroupMe. The plaintiff was added to a text message group by a third party.