The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.
Tag: Class Actions
Compelled Arbitration as a TCPA Defense Strategy
In recent months, multiple notable Telephone Consumer Protect Act (TCPA) court decisions have hinged on questions of arbitrability and the enforcement of mandatory arbitration clauses. These clauses are a valuable method of defense for callers and TCPA defendants, but they are not a simple, end-all-be-all solution. They are a complex legal defense strategy and a topic of considerable depth and nuance.
Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Contact Center Compliance’s most recent webinar—Berman, Wrong Numbers, & Arbitration—covered a wide variety of important topics in the world of Telephone Consumer Protection Act (TCPA) compliance. Our guest, the esteemed Eric J. Troutman from TCPAWorld and the Troutman Firm, discussed these topics with Contact Center Compliance’s Director of Compliance Services, Arvell Craig. Arvell and Eric… Continue reading Webinar Recap: Berman, Javier, Wrong Numbers, and Arbitration
Ninth Circuit Ruling on Online Disclosure Form Could Set Dangerous Precedent for Leads Industry
A Ninth Circuit decision from last month is already serving as a precedent for Telephone Consumer Protection Act (TCPA) cases that center on online disclosure forms. It demonstrates how courts could use inadequate webform design to undermine otherwise valid arbitration agreements.
Is SMS the Safest Marketing Channel? 8 Questions to Minimize Your Risk
Over the past few months, questions on SMS marketing and TCPA have been some of the most common questions I receive. Today I wanted to share with you 8 questions you must ask yourself to minimize your TPCA risk and maximize your effectiveness with SMS marketing.
March Telemarketing Compliance Roundup
A lot happens in the world of Telephone Consumer Protection Act (TCPA) regulations and it can be easy to miss some important stories. This is a roundup of such stories, making sure that they don’t fall between the cracks of our larger TCPA news coverage. Court Rules that Eye Doctor Can’t Claim 2012 TCPA Healthcare… Continue reading March Telemarketing Compliance Roundup
Plaintiffs’ Lawyers on Receiving End of TCPA Class Action
In an example of the proverb “Turnabout is fair play”, a plaintiff’s law firm has been sued for alleged violations of the Telephone Consumer Protection Act (TCPA). The defendant, The Litigation Practice Group PC, is alleged to have placed multiple telemarketing calls to the plaintiff despite his phone number being listed on the National Do… Continue reading Plaintiffs’ Lawyers on Receiving End of TCPA Class Action
Pepsi Sued for Alleged Robocall Violations
On February 18, PepsiCo and one of its distributors were on the receiving end of a Telephone Consumer Protection Act (TCPA) class action complaint stemming from alleged robocall violations. The plaintiff in Epps v. PepsiCo Inc. and Quail Mountain Coffee & Vending alleges that he received “numerous telemarketing calls” to his cell phone with prerecorded voice messages from Pepsi asking if he would like to restock his supply of Pepsi products.
Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers
A recent class certification ruling by the District Court in Arizona demonstrates several of the most dangerous aspects of the Telephone Consumer Protection Act (TCPA). The case—Head v. Citibank—stems from alleged violations committed by a bank while making collections calls. The class contains over a million people, many of whom may have received more than… Continue reading Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers
Top Ten Telemarketing Compliance Stories of 2021
2021 was an eventful year in the world of telemarketing regulations. Here are the most important events and stories from the past year.