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
Tag: TCPA
Infamous Serial Plaintiff’s Latest Lawsuit Dismissed
Craig Cunningham is among the most notorious serial plaintiffs in consumer protection law, but his most recent attempt to enrich himself thanks to the Telephone Consumer Protection Act (TCPA) has been unsuccessful. Cunningham is infamous for having represented himself in dozens of Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and TCPA… Continue reading Infamous Serial Plaintiff’s Latest Lawsuit Dismissed
FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
The Federal Communications Commission (FCC) has made enforcement of robocall violations, particularly those involving spoofed numbers, a top priority, particularly since the passage of the TRACED Act at the end of last year. The latest element of this ongoing project is the largest proposed fine in the FCC’s history, $225 million, against a Texas-based health… Continue reading FCC Enforcement of Spoofed Robocalls Leads to Proposed $225 Million Fine
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
Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds. The energy company, Direct Energy, hired… Continue reading Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
Supreme Court Finally Hears Oral Arguments in TCPA Case
After a delay due to the COVID-19 crisis, the Supreme Court heard oral arguments on Wednesday in a case—William P. Barr, et al. v. American Association of Political Consultants, et al.—that could very well result in the Telephone Consumer Protection Act (TCPA) being ruled unconstitutional. We offer you a summary of these oral arguments based… Continue reading Supreme Court Finally Hears Oral Arguments in TCPA Case
Top 5 Risks for Inbound Calling Centers
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations. Ah, but you may be saying, “I only take inbound calls and all of these regulations apply to outbound… Continue reading Top 5 Risks for Inbound Calling Centers
What a TCPA Lawsuit Can Cost You
Who stands to bear the costs of a Telephone Consumer Protection Act (TCPA) lawsuit? If you have to ask, the answer is probably, “You do.” Any business that conducts a significant amount of telephone solicitations is at risk of running afoul of the TCPA. Even non-marketing calls can trigger TCPA liability.
How to Effectively Make Use of Telemarketing Safe Harbor Provisions
In the context of telemarketing, Safe Harbor is often a subject of confusion. This is unfortunate as understanding Safe Harbor and the multilayered rules and statutes that govern it is essential to successful compliance with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and both state and federal Do Not Call (DNC) Lists.
Collections Compliance: the Laws that Govern the Collections Industry
Both telemarketing and debt collection are, quite literally, risky businesses. Both fields are highly regulated, governed by complex legislation, and subject to potentially expensive penalties and litigation. Compliance in either field is complicated enough on its own but compliance for debt collectors who use telephone solicitation in order to conduct their business imposes difficulties to an extent beyond the mere sum of the complexities of either field on its own.