Last month, the Eleventh Circuit issued a ruling in Drazen v. Pinto that overturned a lower court decision and set a precedent that the receipt of a single, unwanted text message constitutes sufficient harm to confer Article III standing. This is the latest twist in the long journey of this class action and represents another… Continue reading Eleventh Circuit Rules that One Text Message Is Sufficient for Standing
Tag: TCPA
Webinar Recap: Breaking Down the FTC’s New Telemarketing Enforcement Sweep
We recently hosted a webinar entitled Breaking Down the FTC’s New Telemarketing Enforcement Sweep. Hosted by Contact Center Compliance’s Chief Product Office, Isaac Shloss and featuring Eric J. Troutman, Partner at Troutman Amin, and Angelika Munger, Paralegal at Troutman Amin, this webinar examined the ways that the Federal Trade Commission (FTC) has been increasingly asserting… Continue reading Webinar Recap: Breaking Down the FTC’s New Telemarketing Enforcement Sweep
Webinar Recap: What You Need to Know About Upcoming FCC Rulemaking, Exemptions, Robocall Mitigation, and More
Recently we hosted a entitled What You Need to Know About Upcoming FCC Rulemaking, Exemptions, Robocall Mitigation, and More. Hosted by Contact Center Compliance’s Chief Product Officer, Isaac Shloss, and with our esteemed guest Michele Shuster, Partner at MacMurray & Shuster LLP, this webinar covered a variety of important topics with nuance and depth. As Isaac… Continue reading Webinar Recap: What You Need to Know About Upcoming FCC Rulemaking, Exemptions, Robocall Mitigation, and More
Sixth Circuit Rules a Single RVM Constitutes Sufficient TCPA Harm
Earlier this month, the Sixth Circuit Court of Appeals ruled that the receipt of a single ringless voicemail (RVM) was sufficient to satisfy the Article III requirements for standing in a Telephone Consumer Protection Act (TCPA) class action. This is consistent with how courts have handled RVM calls but continues the patchwork application of Article… Continue reading Sixth Circuit Rules a Single RVM Constitutes Sufficient TCPA Harm
Compliance Refresher: What Is TCPA Consent?
Often the most punitive aspects of telemarketing regulations are reserved for autodialed calls made without proper consent. This is a significant component of the federal Telephone Consumer Protection Act (TCPA) as well as state-level laws such as the Florida Telephone Solicitation Act (FTSA) and Oklahoma Telephone Solicitation Act (OTSA). Generally, there are two levels of… Continue reading Compliance Refresher: What Is TCPA Consent?
May 2023 TCPA Grab Bag
May 2023 was a busy news month for telemarketing compliance and deliverability. Florida passed significant amendments to the Florida Telephone Solicitation Act (FTSA), Maryland and New Jersey passed new telemarketing laws, and the Federal Communications Commission (FCC) shut down a global gateway provider. In fact, so much happened that we were unable to find the… Continue reading May 2023 TCPA Grab Bag
TCPA Class Action Against L’Oréal Centers on Opt-Outs
This week, a plaintiff filed a Telephone Consumer Protection Act (TCPA) class action against cosmetics giant L’Oréal. The complaint alleges that the defendant failed to heed opt out requests and continued to send the plaintiff text messages. The plaintiff in Gilburd v. L’Oréal alleges that she received marketing text messages from L’Oréal and, at some… Continue reading TCPA Class Action Against L’Oréal Centers on Opt-Outs
March Grab Bag
We have gathered some notable stories from the past month. Local Government’s Messages Exempt Under Emergency Purposes Exemption The Telephone Consumer Protection Act (TCPA) contains an exemption for calls made for emergency purposes. During the more than two years that various emergency declarations were in effect due to the Covid-19 pandemic, that emergency purposes exemption… Continue reading March Grab Bag
Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook
The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance. Since the calls at issue in that case were triggered text messages, the effects of those changes are particularly significant for text message marketing. However, while the decision may have lessened some of the risks for text… Continue reading Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook
Court Allows TCPA Claims by Serial Plaintiff to Go to Trial
Earlier this month, a magistrate judge allowed a Telephone Consumer Protection Act (TCPA) complaint filed by a notorious serial plaintiff to move forward to trial despite evidence potentially indicating that his claims were manufactured. This decision demonstrates the risks that these sorts of serial plaintiffs pose. Even if the defendant ends up winning the case… Continue reading Court Allows TCPA Claims by Serial Plaintiff to Go to Trial