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
Tag: TCPA
District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020
A district court in Louisiana has rendered an unexpected decision in a Telephone Consumer Protection Act (TCPA) class action that interprets the Supreme Court’s recent Barr v. American Association of Political Callers decision such that it retroactively renders the TCPA unconstitutional from November 2015 until June of this year. Barr v. AAPC centered on an… Continue reading District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020
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.
Court Rules That Cluttered Website Invalidates Arbitration Clause
Arbitration clauses can be a useful tool for Telephone Consumer Protection Act (TCPA) defendants but, as a recent Second Circuit decision demonstrates, the details of how they are implemented matter a great deal for their enforceability. In this particular case, the arbitration clause was not found to be enforceable because of issues with the design… Continue reading Court Rules That Cluttered Website Invalidates Arbitration Clause
Court Rules Against Texting Platform in Mayoral Campaign TCPA Class Action
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
Court Allows One Call TCPA Class Action to Proceed
If there is one constancy in Telephone Consumer Protection Act (TCPA) litigation, it is its inconsistency. Differing jurisdictional precedents; differing interpretations of dialing technology; and evolving, sometimes contradictory Federal Communications Commission (FCC) rulemaking combine with the usual idiosyncrasies and vagaries of the court system to produce a legal ecosystem in which one court can rule… Continue reading Court Allows One Call TCPA Class Action to Proceed
District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA
When the Telephone Consumer Protection Act (TCPA) was passed into law in 1991, one of its primary purposes was regulating the then-current practice of sending junk faxes. In the intervening 29 years, telecommunications technologies have dramatically changed (several times over) but the law that is the centerpiece of federal telemarketing regulations has remained largely the… Continue reading District Court Rules That Texts Responding to Customer Inquiries Do Not Violate 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
Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action
Mortgage lending giant Quicken Loans lost a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action. The details of the case demonstrate that a TCPA compliance program is of little use without proper understanding of how the compliance technology works. At initial glance, the case—Hill v. Quicken Loans, Case No. ED… Continue reading Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action
Double Trouble: Dual-Purpose Phone Lines Present Significant Risks to Callers
Litigators and professional plaintiffs employ a variety of tricks in order to entrap callers into Telephone Consumer Protection Act (TCPA) and Do Not Call (DNC) list violations. One of the most dangerous ploys is also one of the simplest: the dual-purpose phone line. Sometimes referred to as “mixed-use” lines, the deal-purpose line gambit works as… Continue reading Double Trouble: Dual-Purpose Phone Lines Present Significant Risks to Callers