While the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and state attorneys general also have enforcement powers, the Telephone Consumer Protection Act (TCPA) is primarily enforced through its private right of action, allowing individuals to bring suit under the law. The original intent was for this right to be enforced in small claims court.… Continue reading What Are the Penalties Associated with TCPA Violations?
Tag: Litigation
Federal Judge Strikes Down North Dakota’s Anti-Spoofing Law
On Monday, a United States District Court Judge in North Dakota ruled that the state’s law preventing called ID spoofing is unconstitutionally encroaching on Congress’s authority to regulate interstate trade. When North Dakota passed its Anti-Spoofing Act in 2019, SpoofCard, a New Jersey-based spoofing service, filed a lawsuit, arguing that it infringed on congressional authority.… Continue reading Federal Judge Strikes Down North Dakota’s Anti-Spoofing Law
President Trump’s Campaign Faces Another TCPA Complaint
While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS). This is… Continue reading President Trump’s Campaign Faces Another TCPA Complaint
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.
Michael Bloomberg’s Presidential Campaign Faces TCPA Suit
The 2020 presidential campaign for Michael Bloomberg, a billionaire media mogul and former New York City mayor, lasted barely more than 3 months and cost a reported $1 billion—mostly coming out of his own pocket. It seems possible that his campaign’s texting efforts may cost him some additional money as two individuals have filed a… Continue reading Michael Bloomberg’s Presidential Campaign Faces TCPA Suit
Top 5 TCPA Traps
TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the 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
Georgia Congressional Candidate Faces TCPA Lawsuit Over Campaign Texts
A Georgia state legislator faces a class action for alleged Telephone Consumer Protection Act (TCPA) violations committed in service of her campaign for a congressional seat. The suit demonstrates that political campaigns are a target for TCPA litigation, even ones that have a lower profile than presidential campaigns. The lawsuit—Bowman v. Unterman—centers on two text… Continue reading Georgia Congressional Candidate Faces TCPA Lawsuit Over Campaign Texts
The Possibility of TCPA Being Invalidated Is No Reason for Complacency
The entire telemarketing industry is awaiting the Supreme Court’s decision in AAPC v. Barr, the case that very may well invalidate the Telephone Consumer Protection Act (TCPA) in its entirety. However, the possibility that the main federal enforcement mechanism for regulating telemarketing may soon disappear is no reason for marketers to become lax in their… Continue reading The Possibility of TCPA Being Invalidated Is No Reason for Complacency
Court Invokes TCPA Debt Exemption Despite Imminent SCOTUS Ruling
While everybody waits to see if the government-backed debt exemption leads to the Supreme Court potentially invalidating the Telephone Consumer Protection Act (TCPA) entirely, a district court somewhat surprisingly decided to enforce that same debt exemption. In Tillman v. Navient Sols., LLC, No. 18-CV-04625, 2020 U.S. Dist. LEXIS 104533 (N.D. Ill. June 15, 2020), the… Continue reading Court Invokes TCPA Debt Exemption Despite Imminent SCOTUS Ruling