On August 23, 2017 the Ninth Circuit Court of Appeals affirmed the district court’s decision that the “invasion of privacy” exclusion in the Los Angeles Lakers’ Directors and Officers (D&O) insurance policy excluded them from recovering legal costs resulting from their defense against a TCPA claim. The Ninth Circuit upheld the 2015 decision from a… Continue reading LA Lakers Lose Appeal For TCPA Litigation Coverage
Tag: Class Actions
CITGO $8.3 M TCPA Class Action Settlement for text messaging
CITGO agreed to a $8.3 million TCPA class action settlement involving unsolicited text messages sent to contacts from a prior sweepstakes sponsorship. Mr. Gottlieb alleged that participants in CITGO’s “text-to-win sweepstakes”, promoted at various “concerts, theme parks, sporting events, and retail gas stations”, received unsolicited telemarketing texts in violation of the TCPA. The personal information provided by Mr. Gottlieb’s for… Continue reading CITGO $8.3 M TCPA Class Action Settlement for text messaging
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
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?’
Tampa Bay Buccaneers $19.5 Preliminary Settlement Approved in TCPA Case
A Florida court granted the motion to certify the Technology Training Associates (TTA) lawsuit as a class action and approved the $19.5 million settlement amount. Claimants will be awarded $350 for the first fax send to them and an additional amount up to $565 total for subsequent faxes. The settlement fund provides for paid incentive awards, notice… Continue reading Tampa Bay Buccaneers $19.5 Preliminary Settlement Approved in TCPA Case
$15 Million Awarded to Attorneys of Historic $76 Million TCPA Class Action
After four years of litigation, the TCPA class action lawsuit Aranda v. Caribbean Cruise Line, Inc. was settled in February of this year for what is the largest settlement in TCPA history . . . $76 million. Naturally, the attorneys concluded that they deserved an equally historic financial reward. As you recall from our prior… Continue reading $15 Million Awarded to Attorneys of Historic $76 Million TCPA Class Action
What We Learned from 5 Major TCPA Lawsuits in 2016
Last year saw nearly a 32% increase in number of the Telephone Consumer Protection Act (TCPA) case filings over the previous year. Amongst the thousands of TCPA class action lawsuits filed, we’ve identified five major suits in particular that have provided some valuable lessons. While we review these cases, ask yourself if you notice any… Continue reading What We Learned from 5 Major TCPA Lawsuits in 2016
The Making of a TCPA Class Action Lawsuit
Del Valle v. Global Exchange Vacation Club. In this article, we examine a recent TCPA lawsuit to demonstrate the legal process for evaluating whether a case should move forward with class action status and touch on some simple things you can do to prevent cases like this before you begin your campaigns.
Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA
The United States District Court for the Western District of Washington just granted summary judgment for the defendant in a case that is great news for the dialer vendor industry. The court held that CallFire, a dialer vendor that simply transmits messages on behalf of their clients, was a common carrier, and therefore exempt from… Continue reading Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA
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