Don’t overlook state regulations during this month including Presidents’ Day on February 16th. There are also restrictions for Marti Gras (strange but true). Alabama, Louisiana, Mississippi, Rhode Island, and Utah all prohibit outbound calls on Presidents’ Day, February 16th. Louisiana and Alabama (only in Baldwin and Mobile Counties) have a special restriction for Tuesday, February… Continue reading February State Holiday Calling Alerts
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Twitter Loses Motion to Dismiss in Nunes v. Twitter TCPA case
Twitter recently had their motion to dismiss denied in a case that presents several alarming legal trends for the call center industry. Two primary issues stand out in this case. First, the number that received a text message from Twitter was a “recycled” number. The previous user had apparently consented to receive texts from Twitter,… Continue reading Twitter Loses Motion to Dismiss in Nunes v. Twitter TCPA case
FTC Wins Partial Summary Judgment Against Dish Network for DNC Violations
The U.S. District Court for the Central District of Illinois issued a major order granting partial summary judgment on December 12, 2014 against Dish Network. In the order the Court found that Dish Network was liable for millions of calls in violation of the TSR.
Happy New year from the TCPA!
2014 saw an increase in TCPA litigation, especially class action litigation, as well as significant FTC and FCC enforcement. In 2014, we grappled with what the new “written consent” standard meant, and dozens of TCPA-related petitions were filed with the FCC. New risks related to VoIP and wireless lines emerged. What does 2015 have in… Continue reading Happy New year from the TCPA!
Contact Center Compliance Announces Litigator Scrub®
Litigator Scrub® mitigates TCPA and related lawsuit risk by identifying potential litigator traps in your data before you call known plaintiffs and attorneys. Protect your business from costly serial plaintiffs and class actions by removing these numbers today.
TCPA Compliance Case Update: Favorable ruling in California on ATDS Issue and Fax Opt Out Clarified by FCC
In the case of Marks v. Crunch Sand Diego, LLC., the court held that the defendant’s web-based system that was used to send text messages was not an automatic telephone dialing system.
TCPA Wireless Compliance Cliff: Lessons Learned One Year Later
One year ago today, significant TCPA changes involving cell phones and autodialers went into effect, forever changing our industry. So, what is the state of the regulatory environment one year after the TCPA compliance cliff?
Watch out when Calling VoIP phone numbers. TCPA Case Makes it More Dangerous than Ever
The district court found that the TCPA provision that prohibits calls to “any telephone number assigned to … any service for which the called party is charged for the call” applied to the calls to the plaintiff’s VOIP line because the plaintiff was charged per call.
Updates on Consent in Recent TCPA Cases
Albert A. Nigro v. Mercantile Adjustment Bureau. The FCC argued in their brief that the plaintiff had not consented to receive autodialed or prerecorded debt collection calls, by providing their number to the utility company as part of his effort to close a deceased family members’ account.
Court Struggles in Interpreting the TCPA
On July 7, the District Court for the Northern District of Illinois in Kolinek v. Walgreen Co. issued an order vacating its earlier order dismissing the case. The court found that it had previously misinterpreted the FCC’s definition of “prior express consent.” The court’s previous decision had effectively held that as a general rule, “when… Continue reading Court Struggles in Interpreting the TCPA