The Seventh Circuit Court of Appeals handed down a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that sets a potentially dangerous precedent with regards to sellers being held vicariously liable for the actions of lead generators. The case—Bilek v. Federal Insurance Company—involves an insurance company that hired a marketer to promote its insurance… Continue reading Court Finds Insurance Company Can Be Held Liable for TCPA Violations Committed by Lead Generator
Tag: Automatic Telephone Dialing System
Protect Yourself From Florida’s Mini-TCPA
Florida’s new telemarketing regulations have created a more dangerous version of the Telephone Consumer Protection Act (TCPA) down in the sunshine state and it is already ensnaring marketers. The first class action complaint was filed under the new law and it confirms what analysts most feared: TCPA-like penalties and a private right of action combined… Continue reading Protect Yourself From Florida’s Mini-TCPA
Post-Facebook TCPA Litigation Update
It has been three months since the Supreme Court’s monumental ruling in Facebook v. Duguid. Just as we did at the one month mark, we will examine some of the notable, recent Telephone Consumer Protection Act (TCPA) cases in order to discern the notable trends in TCPA litigation. The Facebook decision centered on setting a… Continue reading Post-Facebook TCPA Litigation Update
District Court Rules that Predictive Dialer is Not an ATDS
A District Court in South Carolina has issued a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that addresses one of the most important uncertainties in the wake of the Supreme Court’s decision in Facebook v. Duguid. At issue is whether or not predictive dialers fit within the narrow definition of an automatic telephone dialing system (ATDS) that SCOTUS adopted in its momentous decision two months ago.
Telemarketing and the Cannabis Industry
The legality of the cannabis industry varies wildly from state to state, and even between localities within individual states. Many cannabis companies spend considerable time and resources navigating this confusing legal and regulatory landscape. However, they often fail to understand another risky, similarly complex legal infrastructure: the world of telemarketing regulations.
Florida Legislature Passes New, TCPA-like, State-Level Telemarketing Bill
In late April, the Florida legislature passed a new telemarketing bill. The bill, CS/SB 1120, amends the state’s existing telemarketing laws—the Florida Telemarketing Act and the Florida Do Not Call Act—transforming them from fairly standard pieces of state-level Do Not Call (DNC) legislation to something more akin to a miniature Telephone Consumer Protection Act (TCPA).
TCPA Litigation After Facebook v. Duguid
April began with the Supreme Court’s bombshell ruling in Facebook v. Duguid. At the close of the month, let’s examine the fallout of that decision. A brief recap of the Facebook decision: SCOTUS sided with Facebook, setting a nationwide precedent for the narrow interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic… Continue reading TCPA Litigation After Facebook v. Duguid
Text Marketing: Masterclass Series Part 2 Rewind
On April 7, Contact Center Compliance hosted the second session in our ongoing Masterclass series. This session focused on consent and text message marketing, with a notable influence from the recent, significant Supreme Court ruling in Facebook v. Duguid. The expert panel of Eric J. Troutman from TCPAWorld, Puja Amin from LoanDepot, and AC Evans… Continue reading Text Marketing: Masterclass Series Part 2 Rewind
District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit
It took less than a week for a District Court to cite the Supreme Court’s ruling in Facebook v. Duguid. In Montanez v. Future Vision Brain Bank, a Colorado court mentions the landmark SCOTUS ruling in Telephone Consumer Protection Act (TCPA) case against a cannabis dispensary. However, the court did not cite Facebook in order… Continue reading District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit
TCPA for Text Messaging
In the world of marketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text messaging platforms are among the most widely used dialing methods and, thanks to constantly evolving court, the nature and extent of its risk is frequently changing.