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 Dismisses Kohl’s TCPA Class Action

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

Uber’s $20 Million Settlement Ends Texting Lawsuit

Maria Vergara filed the lawsuit against Uber on August 7, 2015. She alleged receiving at least eight unsolicited text messages asking her to complete the sign-up process for Uber’s rideshare service, even though she had never signed up for an Uber account. According to the lawsuit, Uber violated the TCPA by sending automated text messages… Continue reading Uber’s $20 Million Settlement Ends Texting Lawsuit

80 Lawsuits – A Serial Litigator’s Success Story

He calls himself a private attorney general—someone who files lawsuits in the public interest. But debt collection agencies have another name for him … Serial Litigator. Craig Cunningham has filed over 80 consumer protection lawsuits against companies that made the mistake of calling him on past due debts. While most people dread receiving calls from debt collectors and… Continue reading 80 Lawsuits – A Serial Litigator’s Success Story