A new ruling in New York specifies that litigators can effectively go after well-intentioned individuals for TCPA violations, not just businesses. The ruling also extends prosecution beyond those who directly committed the violation. Anyone associated with the action, such as a supervisor or director could be held responsible. The Southern District of New York, in… Continue reading Did you know that your neck could be on the line?
Tag: Litigation
Private Plaintiffs Are Suing at a Higher Rate
Two recient cases indicate that not only are private plaintiffs suing at a higher rate, but also state’s Attorney General offices are involved as well. With such increased involvement, this is another reason companies and marketers should be scrubbing federal and state do-not-call lists. Pennsylvania Attorney General Files Suit Alleging State Telemarketing Law Violations The Pennsylvania Attorney General… Continue reading Private Plaintiffs Are Suing at a Higher Rate
Court finds a Preview-Dialing Platform Not to be an Autodialer
A Plaintiff filed a lawsuit in the Southern District of Florida against The CBE Group, Inc. (CBE) and Verizon New England, Inc. (Verizon) alleging violations under the TCPA, among others. All parties moved for partial summary judgment arguing that there is no genuine dispute of material fact regarding Defendants’ liability under the TCPA or CBE’s liability… Continue reading Court finds a Preview-Dialing Platform Not to be an Autodialer
FCC Files Amicus Brief in Support of TCPA Plaintiff
On April 6, 2016, the FCC submitted an amicus curiae brief to the U.S. Court of Appeals for the Second Circuit in a TCPA case in which the plaintiff alleges that the defendant violated the TCPA by placing a robocall to a residential phone line.
Yet Another Reminder to Scrub for VoIP
We all remember Lynn v. Monarch Recovery Services, in which the 4th Circuit Court of Appeals decided calls made to a residential VoIP number where the owner was charged for the call, were illegal, just as if they had been made to a wireless phone without written consent. Separately, in the recent 5th Circuit… Continue reading Yet Another Reminder to Scrub for VoIP
9th Circuit Affirms TCPA Consent Defense
Earlier this month the 9th Circuit upheld the district court’s grant of summary judgment in the case of Shaya Baird v. Sabre, Inc., et al. The case concerned an unsolicited text message that was sent to the plaintiff’s cell phone. However, the court found that the plaintiff had provided “prior express consent” to the defendant by releasing her… Continue reading 9th Circuit Affirms TCPA Consent Defense
Litigious TCPA states to avoid, unless you have a great compliance infrastructure.
Most businesses are aware that California is a hotbed of TCPA litigation, but this is in part due to California having the largest population of any state in the country. When you compare the number of known litigants in each state (and D.C.) with the state/district’s population, the results may surprise you. See below for… Continue reading Litigious TCPA states to avoid, unless you have a great compliance infrastructure.
Court grants partial summary judgment in TCPA involving preview dialer
In a breath of fresh air, the United States District Court for the Middle District of Florida has granted the defendant’s motion for partial summary judgment in the case of Estrella v. LTD Financial Services, LP. The plaintiff in this case had alleged that the defendant used an ATDS to call the plaintiff’s cell phone, in… Continue reading Court grants partial summary judgment in TCPA involving preview dialer
TCPA Updates
On November 16, 2015 the FCC issued a limited waiver to National Grid to let them use a registered DBA when leaving prerecorded messages. This waiver gives National Grid a limited exemption from 47 C.F.R. § 64.1200 (b)(1) which generally requires businesses to give the name under which they are registered to conduct business with the State… Continue reading TCPA Updates
Another California court declines to follow the FCC’s new ATDS interpretation
The District Court for the Central District of California recently granted the defendant’s motion for summary judgement in the case of Frejya v. Dun & Bradstreet, Inc. et al.