It could be the most important court decision to affect the telemarketing industry since the enactment of the Telephone Consumer Protection Act of 1991. The issues of concern in ACA Int’l v. FCC are autodialers, reassigned numbers, and revocation of consent.
Tag: Litigation
Motion Denied to Rehear “Revocation of Consent” Case
On October 20, 2017 the Second Circuit Court of Appeals denied the plaintiff’s motion for rehearing its decision in Reyes v. Lincoln Automotive Financial Services.
TSI Claims Court Victory in ATDS Debate
Transworld Systems Inc. (TSI) scored another victory in its defense against a TCPA lawsuit that sought to categorize their LiveVox Human Call Initiator devise as an Automated Dialing System (ATDS). The plaintiff claimed that TSI violated the TCPA when they made multiple debt collections calls to his cellphone without his prior expressed consent. The lawsuit… Continue reading TSI Claims Court Victory in ATDS Debate
80 Lawsuits – A Serial Litigator’s Success Story
He calls himself a private attorney general—someone who files lawsuits in the public interest. But debt collection agencies have another name for him … Serial Litigator. Craig Cunningham has filed over 80 consumer protection lawsuits against companies that made the mistake of calling him on past due debts. While most people dread receiving calls from debt collectors and… Continue reading 80 Lawsuits – A Serial Litigator’s Success Story
Is Your Business At Risk From Fake TCPA Claims?
The answer is a resounding YES. Your business is in danger for as long as serial litigators can profit from continuing to target businesses that use telemarketing. Their mission is to entrap businesses, like yours, with exaggerated or fabricated claims of TCPA violations. Even those that follow the compliance rules are potential victims of serial litigators who… Continue reading Is Your Business At Risk From Fake TCPA Claims?
Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits
Like a wolf in sheep’s clothing, the new breed of litigator may be hiding in your marketing data. Serial litigators are experienced plaintiffs who know all the tricks to lure a telemarketing business into a TCPA lawsuit; or worse, an even more costly class action. Serial litigators could be anyone, including the person receiving your… Continue reading Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits
Court of Appeals Strikes Down TCPA Fax Rule
On Friday, March 31, the D.C Circuit Court entered its ruling on Yaakov v. Federal Communications Commission vacating the part of the FCC’s 2006 Fax Order that requires the inclusion of opt-out language on faxes that are sent with the prior consent of the recipient.
What We Learned from 5 Major TCPA Lawsuits in 2016
Last year saw nearly a 32% increase in number of the Telephone Consumer Protection Act (TCPA) case filings over the previous year. Amongst the thousands of TCPA class action lawsuits filed, we’ve identified five major suits in particular that have provided some valuable lessons. While we review these cases, ask yourself if you notice any… Continue reading What We Learned from 5 Major TCPA Lawsuits in 2016
Marketers Claim Victory with Dismissal of TCPA Case in California
In Epps v. Earth Fare Inc., plaintiff Jalen Epps sued organic grocer Earth Fare for alleged violations of the Telephone Consumer Protection Act (TCPA). Ms. Epps claimed that Earth Fare continued to send her marketing texts, despite her many attempts to opt out.
Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules
Calls with a prerecorded message or made using an automated telephone dialing system to a Voice-over-Internet number with limited minutes should be treated the same as calls to a cellphone under the Telephone Consumer Protection Act, a New York federal court has ruled. Reny Rivero sued America’s Recovery Solutions alleging violations of the TCPA based… Continue reading Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules