A recent ruling in a Telephone Consumer Protection Act (TCPA) class action illustrates how the TCPA risks incurred by political campaigns can be spread to the platforms that those campaigns use to send their messages. The case—Klueh v. Vallas, Case No. 19-cv-00249, 2020 U.S. Dist. LEXIS 152979 (N.D. Ill. August 24, 2020)—centers on text messages… Continue reading Court Rules Against Texting Platform in Mayoral Campaign TCPA Class Action
Tag: Class Actions
Court Allows One Call TCPA Class Action to Proceed
If there is one constancy in Telephone Consumer Protection Act (TCPA) litigation, it is its inconsistency. Differing jurisdictional precedents; differing interpretations of dialing technology; and evolving, sometimes contradictory Federal Communications Commission (FCC) rulemaking combine with the usual idiosyncrasies and vagaries of the court system to produce a legal ecosystem in which one court can rule… Continue reading Court Allows One Call TCPA Class Action to Proceed
District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA
When the Telephone Consumer Protection Act (TCPA) was passed into law in 1991, one of its primary purposes was regulating the then-current practice of sending junk faxes. In the intervening 29 years, telecommunications technologies have dramatically changed (several times over) but the law that is the centerpiece of federal telemarketing regulations has remained largely the… Continue reading District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA
Recent Court Decisions Highlight How Costly the TCPA Can Be
As we find ourselves in limbo between the anticlimactic Barr Supreme Court case and the potentially momentous Facebook case, Telephone Consumer Protection Act (TCPA) litigation continue apace. Two recent court decisions illustrate just how expensive TCPA class actions can be for defendants and how lucrative they can be for plaintiffs attorneys. Last week, the Eleventh… Continue reading Recent Court Decisions Highlight How Costly the TCPA Can Be
Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action
Mortgage lending giant Quicken Loans lost a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action. The details of the case demonstrate that a TCPA compliance program is of little use without proper understanding of how the compliance technology works. At initial glance, the case—Hill v. Quicken Loans, Case No. ED… Continue reading Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action
TCPA Lawsuits on Both Sides of the Aisle: Bernie Sanders’s Campaign Sued
As we enter the summer of an election year, we are seeing further evidence of how the Telephone Consumer Protection Act (TCPA) poses risks for political campaigns. This week, a TCPA class action was filed against the erstwhile presidential campaign of Vermont senator Bernie Sanders. The case—Jacob Buller and Cody Olson v. Bernie 2020 Inc.,… Continue reading TCPA Lawsuits on Both Sides of the Aisle: Bernie Sanders’s Campaign Sued
Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS
In the latest decision in the ongoing Telephone Consumer Protection Act (TCPA) class action against President Trump’s re-election campaign, the Eighth District Court of Appeals adopted the expansive definition of what constitutes an Automatic Telephone Dialing System (ATDS) previously set forth in the Ninth Circuit’s infamous, landmark decision in Marks v. Crunch San Diego, LLC.… Continue reading Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS
Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds. The energy company, Direct Energy, hired… Continue reading Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
What a TCPA Lawsuit Can Cost You
Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.
Examining the Strategies of a TCPA Litigator
This article covers some of the most frequently used techniques by litigators, the sorts of businesses that they target, and some of the most prominent and illustrative TCPA judgments and settlements.