Today is the 30 year anniversary of President George H.W. Bush signing the Telephone Consumer Protection Act (TCPA) into law. It is fitting that this anniversary is somewhat overlooked as, for the first two decades of its existence, the TCPA served its intended, modest purpose as a statute allowing individual consumers to bring lawsuits in… Continue reading 30 Years of the TCPA
Tag: Class Actions
Just In Time for the Holidays, Court Allows Corporate Officer to Be Personally Sued
In what is becoming something of a December tradition, a court played the role of Bad Santa by allowing a plaintiff to name a corporate officer as personally liable in a Telephone Consumer Protection Act (TCPA) case.
HelloFresh Settles TCPA Class Action for $14 Million
A recent major TCPA class action settlement centers on DNC list violations.
Six Months After Facebook, the ATDS Landscape Begins to Take Shape
SCOTUS’s decision in Facebook v. Duguid was six months ago. Let’s look at how things stand.
Appeals Court Rules That TCPA Was Constitutional Between 2015 and 2020
A U.S. Circuit Court of Appeals has finally weighed in on one of the most significant current legal questions regarding the Telephone Consumer Protection Act (TCPA) and has handed down an unfavorable ruling to callers.
Florida’s Mini-TCPA Litigation Focuses on Text Messaging
Since Governor Ron DeSantis signed it into law on June 30, Florida’s new telemarketing law—officially known as CS/SB1120 but colloquially known as Florida’s Mini-TCPA—has been a source of concern for marketers in Florida and marketers who contact Florida residents. The first batch of mini-TCPA litigation has justified those concerns, particularly regarding text message marketing. Looking… Continue reading Florida’s Mini-TCPA Litigation Focuses on Text Messaging
Plaintiff Attorney Files Multiple Lawsuits Against a Single Defendant Totaling $10 Billion
Two of our points of emphasis for Telephone Consumer Protection Act (TCPA) compliance are: 1) litigators can be extremely tricky; and 2) the TCPA can be very expensive. A series of recent lawsuits against a single defendant all by a single plaintiff’s attorney illustrate these points. The litigator used some very unusual methods to gather… Continue reading Plaintiff Attorney Files Multiple Lawsuits Against a Single Defendant Totaling $10 Billion
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
Summer Compliance News Roundup
2021 has already been an eventful year for compliance. A number of stories have understandably held the attention of the marketing and compliance industries, including Florida’s new telemarketing law and the ongoing consequences of the Supreme Court’s decision in Facebook v. Duguid. However, a number of other notable stories deserve some attention. This article will… Continue reading Summer Compliance News Roundup
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.