The New Jersey district federal court dismissed a putative class action against Kohl’s Department Stores. In its decision, the court rejected the plaintiff’s claim that sentence long opt-out replies to automated text messages were a “reasonable” method for revoking consent under the TCPA. The plaintiff failed to follow Kohl’s explicit instructions which provided a clear… Continue reading Court Dismisses Kohl’s TCPA Class Action
Tag: Automatic Telephone Dialing System
TCPA Wireless Regulations
TCPA regulations have forced a shift in marketing strategies to be more focused on “permission based” marketing practices. The burden of proof for obtaining “prior written consent” rests with the company initiating the contact with the customer. The FCC defines an Auto Dialer as equipment which has the capacity “(A) to store or produce telephone… Continue reading TCPA Wireless Regulations
TSI Claims Court Victory in ATDS Debate
Transworld Systems Inc. (TSI) scored another victory in its defense against a TCPA lawsuit that sought to categorize their LiveVox Human Call Initiator devise as an Automated Dialing System (ATDS). The plaintiff claimed that TSI violated the TCPA when they made multiple debt collections calls to his cellphone without his prior expressed consent. The lawsuit… Continue reading TSI Claims Court Victory in ATDS Debate
Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits
Like a wolf in sheep’s clothing, the new breed of litigator may be hiding in your marketing data. Serial litigators are experienced plaintiffs who know all the tricks to lure a telemarketing business into a TCPA lawsuit; or worse, an even more costly class action. Serial litigators could be anyone, including the person receiving your… Continue reading Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits
Abusive TCPA Litigation: Focus of House Subcommittee
Members of a House subcommittee demonstrated their concern over the recent wave of abusive TCPA lawsuits filed by serial litigators. On June 13, 2017, the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice held a hearing on “Lawsuit Abuse and the Telephone Consumer Protection Act” to discuss the issues and possible solutions. The TCPA was… Continue reading Abusive TCPA Litigation: Focus of House Subcommittee
TCPA Class Action Lawsuit Asks ‘What is an Autodialer?’
Can a text message platform that ONLY sends messages to a set list of numbers be considered an “autodialer” under the TCPA? That was the $1.8 billion question brought before the District Court for the Northern District of Illinois. And yes, the plaintiffs were seeking nearly two billion dollars in damages. Now, after years of… Continue reading TCPA Class Action Lawsuit Asks ‘What is an Autodialer?’
Marketers Claim Victory with Dismissal of TCPA Case in California
In Epps v. Earth Fare Inc., plaintiff Jalen Epps sued organic grocer Earth Fare for alleged violations of the Telephone Consumer Protection Act (TCPA). Ms. Epps claimed that Earth Fare continued to send her marketing texts, despite her many attempts to opt out.
Facebook’s Motion to Dismiss a TCPA Lawsuit is Denied
The Northern District of California denied Facebook’s motion to dismiss a putative class action accusing the company of violating the TCPA. The plaintiff, Florida resident Colin R. Brickman, accuses Facebook of sending thousands of “happy birthday” texts without consent. The lawsuit, filed on February 2, 2016, alleges that Facebook violates the TCPA by sending unauthorized… Continue reading Facebook’s Motion to Dismiss a TCPA Lawsuit is Denied
FCC Releases Ruling on the New Government TCPA Exemption
On July 5, 2016, the FCC released a 23 page Declaratory Ruling further interpreting the new government TCPA exemption passed by congress as part of their recent bipartisan budget act.
FCC Releases Notice of Proposed Rulemaking Regarding Certain Government Collection Calls
Friday (May 6, 2016), the FCC formally released its Notice of Proposed Rulemaking (NPRM) regarding the new government ATDS exemption for calls regarding government-backed debts, such as government backed student loans and mortgages.