Tag: Automatic Telephone Dialing System

Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook

The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance. Since the calls at issue in that case were triggered text messages, the effects of those changes are particularly significant for text message marketing. However, while the decision may have lessened some of the risks for text… Continue reading Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook

January Compliance and Deliverability News Grab Bag

Once again, there are  a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post. Citrix Settles TCPA Class Action for $2.75 Million One of the most notable trends in the nearly… Continue reading January Compliance and Deliverability News Grab Bag

Real Estate Company Reaches $40 Million TCPA Settlement

Real estate franchisor Keller Williams agreed to settle a Telephone Consumer Protection Act (TCPA) class action for $40 million. The settlement is in response to complaints covering a wide variety of alleged violations—National Do Not Call (DNC) Registry violations, internal DNC list violations, prerecorded voice violations, and automatic telephone dialing system (ATDS) violations. Unlike the… Continue reading Real Estate Company Reaches $40 Million TCPA Settlement

Court Affirms Criminal Penalties in Rhode Island for Not Registering as a Debt Collector

A Telephone Consumer Protection Act (TCPA) ruling this week in a federal court in Rhode Island affirmed that state law does allow for criminal penalties for debt collectors who fail to register as such under the state’s laws. The court found that the plaintiff could sue the defendant in Laccinole v. Gulf Coast Collection Bureau… Continue reading Court Affirms Criminal Penalties in Rhode Island for Not Registering as a Debt Collector

TCPA Outlook for 2023 Webinar Recap

Earlier today we hosted a webinar, TCPA Outlook for 2023 with Czar of TCPAWorld, Eric J. Troutman. It was a wide ranging, informative, somewhat off the cuff discussion between Eric and Contact Center Compliance Director of Compliance Services, Arvell Craig. They covered the current state of the marketing and calling industry and what likely lies in… Continue reading TCPA Outlook for 2023 Webinar Recap

Court Nixes $14 Million HelloFresh TCPA Settlement

Last year, HelloFresh entered into a $14 million class action settlement for violations of the Telephone Consumer Protection Act (TCPA). This week, a court threw out that settlement due to issues relating to the composition of the class and the different kinds of TCPA violations committed by the defendant. The First Circuit did not accept… Continue reading Court Nixes $14 Million HelloFresh TCPA Settlement

Ninth Circuit Rules That TCPA ATDS Restrictions Apply Only to Devices That Randomly Generate Phone Numbers

The process of Circuit Courts interpreting and applying the Supreme Court’s automatic telephone dialing system (ATDS) definition from the Facebook v. Duguid decision reached another milestone when the notorious Ninth Circuit ruled in Borden v. Efinancial, LLC that the Telephone Consumer Protection Act’s (TCPA) ATDS restrictions should only apply to devices that “generate and dial random or sequential telephone numbers”.