A Wisconsin court issued a ruling this month that could result in more TCPA lawsuits against automated calling and texting platform providers. In the court’s ruling on Cunningham v. Montes, the court held that under the TCPA, providers of autodialing services can be held liable under vicarious liability for unlawful calls made using their platform. The lawsuit… Continue reading Wisconsin Federal Court Vicarious Liability Ruling Could Spell Trouble for Platform Providers
Tag: Automatic Telephone Dialing System
TCPA Debt Exemption Ruled Unconstitutional
In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption “unconstitutional” and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act). It was May… Continue reading TCPA Debt Exemption Ruled Unconstitutional
FCC Petition Urges Narrower Meaning Of ATDS
A coalition of trade organizations filed a petition for a declaratory ruling with the Federal Communications Commission (FCC). The petition urges the FCC to clarify and narrow the scope of the TCPA’s definition of an “automatic telephone dialing system” (ATDS).
Vroom Wins TCPA Text Messaging Lawsuit
Vroom, Inc., an online car retailer, received a favorable ruling from the Southern District of Florida in March that is good news for business that use automated text messaging. The lawsuit dealt with the issue of consent and the type of consent required as defined by the TCPA.
Strict ATDS Definition Results In TCPA Court Win
In Marshall v. The CBE Group, Inc. the plaintiff filed a TCPA lawsuit alleging that The CBE Group had called her using an ATDS. Citing the recent ACA v. FCC decision and stating that it would apply a strict definition of an ATDS, the court held that CBE’s, “communications infrastructure does not constitute an ATDS.”
DC Circuit Issues Decision On The FCC’s 2015 TCPA Order
On Friday, March 16, 2018, the D.C. Circuit at last issued its long awaited decision on the challenge to the FCC’s 2015 Omnibus Declaratory Ruling and Order. The court’s decision addressed claims that the FCC exceeded its authority in defining key elements of the TCPA.
5 Simple Tips Help Telemarketers Win TCPA Lawsuits
Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. Here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court.
TCPA Watch List: Issues For 2018
The TCPA continues as the statute of choice among plaintiffs and class action attorneys. Many of the problems that were inherent of the TCPA in 2017 are still with us as we move forward into what we expect to be a better year for businesses and telemarketing in particular.
Court To Decide Major TCPA Changes
It could be the most important court decision to affect the telemarketing industry since the enactment of the Telephone Consumer Protection Act of 1991. The issues of concern in ACA Int’l v. FCC are autodialers, reassigned numbers, and revocation of consent.
Single Unanswered Telemarketing Call Triggers TCPA Lawsuit
The U.S. Court of Appeals for the Third Circuit recently ruled that a single pre-recorded message left on someone’s voicemail is cause for a TCPA lawsuit.