In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D.… Continue reading Florida Court Rules that Twilio’s Texting Platform is Not an ATDS
Tag: TCPA
Smartphone App Includes Automatic Robocall Lawsuit Feature
As robocalls have become an increasingly prominent issue, software developers have produced a bevy of anti-robocall apps. Most of these are variations on a call-blocking theme but one new app takes things much further. DoNotPay’s “robot lawyer” app has a new feature, called Robo Revenge, that essentially baits robocallers into Telephone Consumer Protection Act (TCPA)… Continue reading Smartphone App Includes Automatic Robocall Lawsuit Feature
Judge Orders Defendant in TCPA Case to Be Arrested
While Telephone Consumer Protection Act (TCPA) violations can be very expensive, it’s rare for them to result in an arrest. A telemarketer in Texas has managed to conduct himself so egregiously in his TCPA lawsuit that he may end up spending some time behind bars, or at least in handcuffs. The telemarketer is the defendant… Continue reading Judge Orders Defendant in TCPA Case to Be Arrested
Court Dismisses TCPA Suit Against Subway on Multiple Grounds
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds. The class action, originally filed in 2016, stems from a text message that the plaintiff received from T-Mobile advertising a… Continue reading Court Dismisses TCPA Suit Against Subway on Multiple Grounds
Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits. The defendant in the case—Derval v. Xaler, Case No 2:19-CV-01881-ODW (JEMx), 2020 U.S. Dist. LEXIS 13912 (C.D. Cal. Jan. 28, 2020)—is Xaler, a California-based cannabis delivery company. The plaintiff claimed that… Continue reading Certification Denied in TCPA Class Action Against Cannabis Delivery Company
Court Rules In Favor of TCPA Defendant Claiming Previous Subscriber’s Consent
A district court ruled that a caller could reasonably rely on the consent of a previous subscriber when calling a number that had since been recycled to another user.
District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations. Also known as “soundboard technology,” avatar technology was described by the… Continue reading District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
Bank Hit with Near-$200,000 Judgment for TCPA Violations
The Southern District of New York Court rendered a costly judgment against the defendant in Jiminez v. Credit One Bank, N.A., No. 17 CV 2844-LTS-JLC, 2019 U.S. Dist. LEXIS 203613 (S.D.N.Y. Nov. 22, 2019): $197,000 for 380 calls that violated the Telephone Consumer Protection Act (TCPA). Interestingly, 42 of those calls were made to a… Continue reading Bank Hit with Near-$200,000 Judgment for TCPA Violations
Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely
Class members in a recent Telephone Consumer Protection Act (TCPA) class action settlement—Charvat v. Valente, No. 12-cv-05746, 2019 U.S. Dist. LEXIS 187225 (N.D. Ill. Oct. 28, 2019)—each received approximately 2.5% of the payout that they were originally promised. The case involved three cruise lines and a travel agency who were accused of using an automated… Continue reading Class Members in Recent TCPA Settlement Receive Pittance While Lawyers Profit Handsomely
Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping
An Arizona District Court granted a motion to have a recent Telephone Consumer Protection Act (TCPA) class action transferred to another district court in a case that emphasizes the important differences between different circuits with regards to TCPA case law and Automatic Telephone Dialing System (ATDS) definitions. The case—Kempton v. Life for Relief & Dev.,… Continue reading Plaintiff in Holiday Message TCPA Suit Gets Caught Venue Shopping