Tag: TCPA

7 Keys to Avoid TCPA & DNC Lawsuits

Marketers are experts at optimizing sales and increasing profits. That’s what you do best. But in order to excel in your career, you must always be prepared for the court’s next interpretation of the FCC’s technically outdated TCPA or DNC regulations. Each new regulatory interpretation by the court requires an internal review to ensure your… Continue reading 7 Keys to Avoid TCPA & DNC Lawsuits

Uber’s $20 Million Settlement Ends Texting Lawsuit

Maria Vergara filed the lawsuit against Uber on August 7, 2015. She alleged receiving at least eight unsolicited text messages asking her to complete the sign-up process for Uber’s rideshare service, even though she had never signed up for an Uber account. According to the lawsuit, Uber violated the TCPA by sending automated text messages… Continue reading Uber’s $20 Million Settlement Ends Texting Lawsuit

Real Estate Agents: Are You DNC Compliant?

There is an assumption that Do Not Call (DNC) and Telephone Consumer Protection Act (TCPA) regulations do not apply to real estate agents because they are independent contractors. Big businesses are often seen in the spotlight for violating these statutes and individuals may think that their actions will go unnoticed by Federal Trade Commission (FTC) and Federal Communications Commission (FCC) regulators. These assumptions are false. Compliance is mandatory for real estate agents.

Credit Unions Petition FCC For TCPA Exemptions

On Friday, a petition was filed with the FCC seeking regulatory relief for credit unions from unnecessary requirements that restrict them from communicating with their own members. At issue is the limited ability of credit unions to provide timely financial communication to members due to the TCPA’s restrictive “prior expressed consent” requirement when calling cell… Continue reading Credit Unions Petition FCC For TCPA Exemptions

TCPA Wireless Regulations

TCPA regulations have forced a shift in marketing strategies to be more focused on “permission based” marketing practices. The burden of proof for obtaining “prior written consent” rests with the company initiating the contact with the customer. The FCC defines an Auto Dialer as equipment which has the capacity “(A) to store or produce telephone… Continue reading TCPA Wireless Regulations

Reassigned Phone Numbers: The “One Call” Rule Solution

At the time that this blog entry was written, the “one call” rule was a relevant solution to the problem of reassigned numbers. However, in the wake of the D.C. Circuit’s 2015 decision in ACA International v. FCC, the “one call” safe harbor no longer applies. This article has since been rewritten to reflect the current safe harbor status of reassigned numbers.

5 Major B2B Scrubbing Solutions Offer TCPA Protection

Are you a business-to-business marketer? If so, it is likely that your business has shown little concern for the TCPA and its consumer cell phone regulations. After all, you’re only seeking to solicit business on landlines which are exempt from DNC and TCPA. But in this era of rampant TCPA lawsuits, you should be as concerned… Continue reading 5 Major B2B Scrubbing Solutions Offer TCPA Protection

TSI Claims Court Victory in ATDS Debate

Transworld Systems Inc. (TSI) scored another victory in its defense against a TCPA lawsuit that sought to categorize their LiveVox Human Call Initiator devise as an Automated Dialing System (ATDS). The plaintiff claimed that TSI violated the TCPA when they made multiple debt collections calls to his cellphone without his prior expressed consent. The lawsuit… Continue reading TSI Claims Court Victory in ATDS Debate

80 Lawsuits – A Serial Litigator’s Success Story

He calls himself a private attorney general—someone who files lawsuits in the public interest. But debt collection agencies have another name for him … Serial Litigator. Craig Cunningham has filed over 80 consumer protection lawsuits against companies that made the mistake of calling him on past due debts. While most people dread receiving calls from debt collectors and… Continue reading 80 Lawsuits – A Serial Litigator’s Success Story