Tag: Litigation

Court applies new FCC Order in TCPA case, but ignores future capacity standard

This week, in the case of Luna v. Shac, LLC et al., the District Court for the Northern District of California issued one of its first post FCC Declaratory Ruling decisions regarding the interpretation of an ATDS under the TCPA. While the court cited to the FCC’s Declaratory Ruling and Order supporting the position that… Continue reading Court applies new FCC Order in TCPA case, but ignores future capacity standard

$229,500 TCPA judgment against Time Warner Cable

The United States District Court, for the Southern District of New York recently granted summary judgement against Time Warner Cable, and awarded the plaintiff $229,500 as statutory damages for the 153 automated calls Time Warner made to the plaintiff’s cell phone. Time Warner tried to defend their actions by arguing that they had been trying to reach… Continue reading $229,500 TCPA judgment against Time Warner Cable

Federal government taking steps to clarify the TCPA

Both the Eleventh Circuit Court of Appeals and the FCC have taken helpful steps in clarifying some of the many unresolved issues facing businesses under the TCPA. The Eleventh Circuit recently issued an opinion in the case of Lary v. Trinity Physician Financial & Insurance Services which sheds light on several TCPA related issues. First the court… Continue reading Federal government taking steps to clarify the TCPA

Eleventh Circuit provides helpful clarity on “willful or knowing” violations of the TCPA

The Eleventh Circuit recently issued an opinion in the case of Lary v. Trinity Physician Financial & Insurance Services which sheds light on several TCPA related issues. First the court held that a single fax (or call) could result in multiple violations of the TCPA, for which damages could be awarded.  Next the court held that in order… Continue reading Eleventh Circuit provides helpful clarity on “willful or knowing” violations of the TCPA

District Court decision supports legality of using separate system to call cell phones.

In a recent decision in the United States District Court for the Northern District of Illinois, the court held that the defendant, who used two different phone systems – an autodialer and a separate click to call system – had not violated the TCPA by using the click to call system to call cell phone numbers, because… Continue reading District Court decision supports legality of using separate system to call cell phones.

Meet Lemberg Law: Top TCPA Professional Plaintiff

Lemberg Law is just one example of the professional litigants flooding contact centers and their clients with TCPA and related lawsuits. They have automated the process of documenting complaints from consumers with a Legal Call Blocker application that allows consumer to file complaints directly from their wireless devices. Here are some startling facts: Collected over $30… Continue reading Meet Lemberg Law: Top TCPA Professional Plaintiff

Twitter Loses Motion to Dismiss in Nunes v. Twitter TCPA case

Twitter recently had their motion to dismiss denied in a case that presents several alarming legal trends for the call center industry.  Two primary issues stand out in this case. First, the number that received a text message from Twitter was a “recycled” number. The previous user had apparently consented to receive texts from Twitter,… Continue reading Twitter Loses Motion to Dismiss in Nunes v. Twitter TCPA case