Last month, the Eleventh Circuit issued a ruling in Drazen v. Pinto that overturned a lower court decision and set a precedent that the receipt of a single, unwanted text message constitutes sufficient harm to confer Article III standing. This is the latest twist in the long journey of this class action and represents another… Continue reading Eleventh Circuit Rules that One Text Message Is Sufficient for Standing
Tag: Class Actions
Webinar Recap: What You Need to Know About Upcoming FCC Rulemaking, Exemptions, Robocall Mitigation, and More
Recently we hosted a entitled What You Need to Know About Upcoming FCC Rulemaking, Exemptions, Robocall Mitigation, and More. Hosted by Contact Center Compliance’s Chief Product Officer, Isaac Shloss, and with our esteemed guest Michele Shuster, Partner at MacMurray & Shuster LLP, this webinar covered a variety of important topics with nuance and depth. As Isaac… Continue reading Webinar Recap: What You Need to Know About Upcoming FCC Rulemaking, Exemptions, Robocall Mitigation, and More
OTSA Class Action Filed Against Office Depot
The Oklahoma Telephone Solicitation Act (OTSA) went into effect late last year and we are now beginning to see notable litigation resulting from it. Earlier this year, a class action was filed against Office Depot alleging violations of the OTSA’s dangerous autodialer restrictions. Like the since-amended Florida Telephone Solicitation Act (FTSA), the OTSA functions as… Continue reading OTSA Class Action Filed Against Office Depot
Sixth Circuit Rules a Single RVM Constitutes Sufficient TCPA Harm
Earlier this month, the Sixth Circuit Court of Appeals ruled that the receipt of a single ringless voicemail (RVM) was sufficient to satisfy the Article III requirements for standing in a Telephone Consumer Protection Act (TCPA) class action. This is consistent with how courts have handled RVM calls but continues the patchwork application of Article… Continue reading Sixth Circuit Rules a Single RVM Constitutes Sufficient TCPA Harm
May 2023 TCPA Grab Bag
May 2023 was a busy news month for telemarketing compliance and deliverability. Florida passed significant amendments to the Florida Telephone Solicitation Act (FTSA), Maryland and New Jersey passed new telemarketing laws, and the Federal Communications Commission (FCC) shut down a global gateway provider. In fact, so much happened that we were unable to find the… Continue reading May 2023 TCPA Grab Bag
TCPA Class Action Against L’Oréal Centers on Opt-Outs
This week, a plaintiff filed a Telephone Consumer Protection Act (TCPA) class action against cosmetics giant L’Oréal. The complaint alleges that the defendant failed to heed opt out requests and continued to send the plaintiff text messages. The plaintiff in Gilburd v. L’Oréal alleges that she received marketing text messages from L’Oréal and, at some… Continue reading TCPA Class Action Against L’Oréal Centers on Opt-Outs
Compliance Refresher: Calling Florida and Oklahoma
State-level telemarketing laws are nothing new. In fact, many states’ laws predate the federal Do Not Call (DNC) Registry and Telephone Consumer Protection Act (TCPA). But level of risk associated with state telemarketing regulations has increased precipitously in recent years, particularly in Florida and Oklahoma.
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