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: Political Campaigns
TCPA Risks for Political Campaigns
Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true. However, because political calls are not regulated in the same way as marketing calls it is important to understand the distinct character of TCPA regulations for political campaigns. This article outlines the regulations and requirements that govern this unique form of telephone solicitation.
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
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
TCPA Class Action Brought Against President Trump’s Campaign
While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.
Trump Campaign Fights Back Against TCPA Class Action Lawsuit
Recall that president-elect Donald Trump’s campaign is the target of a class action lawsuit that alleges it sent text messages without consent in the months leading up to the election.
Trump Campaign Faces Two TCPA Class Actions
Two different plaintiffs filed separate TCPA nationwide class actions in federal court for the Northern District of Illinois against Donald J. Trump for President, Inc. Both plaintiffs allege that the Trump Campaign sent them a text message with the following message: “Reply YES to subscribe to Donald J. Trump for President. Your subscription will help… Continue reading Trump Campaign Faces Two TCPA Class Actions
Some political calling reminders – don’t get your candidate sued!
Remember that political calls are exempt from some, but not all, telemarketing laws and regulations.