In a breath of fresh air, the United States District Court for the Middle District of Florida has granted the defendant’s motion for partial summary judgment in the case of Estrella v. LTD Financial Services, LP. The plaintiff in this case had alleged that the defendant used an ATDS to call the plaintiff’s cell phone, in… Continue reading Court grants partial summary judgment in TCPA involving preview dialer
Court signs preliminary approval of Western Union TCPA Class Action Settlement
The United States District Court for the Northern District of Illinois has given preliminary approval on the proposed class action settlement in the case of Douglas v. The Western Union Company. The agreed upon settlement amount in this case is $8,500,000. The proposed class consists of individuals who received unsolicited text messages to their wireless… Continue reading Court signs preliminary approval of Western Union TCPA Class Action Settlement
FTC releases their 2015 DNC Data Book
Each year the FTC releases a summary of national DNC registrations and complaints. This Data Book contains information that can be quite useful for businesses. For example, businesses can use the data on active DNC registrations per 100,000 people to determine which states have the highest percentage of people on the DNC list. This can then in… Continue reading FTC releases their 2015 DNC Data Book
TCPA Updates
On November 16, 2015 the FCC issued a limited waiver to National Grid to let them use a registered DBA when leaving prerecorded messages. This waiver gives National Grid a limited exemption from 47 C.F.R. § 64.1200 (b)(1) which generally requires businesses to give the name under which they are registered to conduct business with the State… Continue reading TCPA Updates
FTC and FCC file Memorandum of Understanding
It was not that long ago that the FCC and FTC had conflicting regulations on several telemarketing related issues (such as call abandonment rules). But those days are past. In an effort to continue their collaboration on consumer protection matters, the FCC and FTC have signed a memorandum of understanding. As the memorandum states “[w]hereas the… Continue reading FTC and FCC file Memorandum of Understanding
FTC amends the Telemarketing Sales Rule
On November 18, 2015 the FTC announced changes to the Telemarketing Sales Rule (“TSR”). The FTC’s changes are primarily directed towards protecting consumers from fraud, including by prohibiting telemarketers from using certain payment methods.
Veteran’s Day and November State DNC Holidays
- Alabama
- Louisiana
- Mississippi
- Rhode Island
- Utah
Changes and headaches for the nation’s debt collection industry
In a nationwide crackdown announced yesterday that includes over 30 new enforcement actions, the FTC, in connection with local law enforcement agencies, is targeting debt collectors who use illegal tactics.
Another California court declines to follow the FCC’s new ATDS interpretation
The District Court for the Central District of California recently granted the defendant’s motion for summary judgement in the case of Frejya v. Dun & Bradstreet, Inc. et al.
Avoid Having your Company Show up on the FCC’s Telemarketing and Robocall Complaint List
On October 21, 2015 the FCC announced that they would begin publishing the telemarketing and robocall complaint data that they receive on a weekly basis. The complaint data is available here. This data will certainly be searched by professional plaintiff’s who are looking for new business targets to go after. Business should make sure that… Continue reading Avoid Having your Company Show up on the FCC’s Telemarketing and Robocall Complaint List