On August 23, 2017 the Ninth Circuit Court of Appeals affirmed the district court’s decision that the “invasion of privacy” exclusion in the Los Angeles Lakers’ Directors and Officers (D&O) insurance policy excluded them from recovering legal costs resulting from their defense against a TCPA claim. The Ninth Circuit upheld the 2015 decision from a… Continue reading LA Lakers Lose Appeal For TCPA Litigation Coverage
Tag: TCPA
CITGO $8.3 M TCPA Class Action Settlement for text messaging
CITGO agreed to a $8.3 million TCPA class action settlement involving unsolicited text messages sent to contacts from a prior sweepstakes sponsorship. Mr. Gottlieb alleged that participants in CITGO’s “text-to-win sweepstakes”, promoted at various “concerts, theme parks, sporting events, and retail gas stations”, received unsolicited telemarketing texts in violation of the TCPA. The personal information provided by Mr. Gottlieb’s for… Continue reading CITGO $8.3 M TCPA Class Action Settlement for text messaging
Is Your Business At Risk From Fake TCPA Claims?
The answer is a resounding YES. Your business is in danger for as long as serial litigators can profit from continuing to target businesses that use telemarketing. Their mission is to entrap businesses, like yours, with exaggerated or fabricated claims of TCPA violations. Even those that follow the compliance rules are potential victims of serial litigators who… Continue reading Is Your Business At Risk From Fake TCPA Claims?
Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits
Like a wolf in sheep’s clothing, the new breed of litigator may be hiding in your marketing data. Serial litigators are experienced plaintiffs who know all the tricks to lure a telemarketing business into a TCPA lawsuit; or worse, an even more costly class action. Serial litigators could be anyone, including the person receiving your… Continue reading Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits
Key Takeaways – House Hearing On TCPA Abuse
On June 13th, the Civil Justice Subcommittee of the U.S. House of Representatives Judiciary Committee held a hearing on lawsuit abuse and the TCPA. The goal of the subcommittee was to discuss ways of modernizing the TCPA which was written before widespread use of cell phones. The hearing titled, “Lawsuit Abuse and the Telephone Consumer Protection Act”, lasted 1.5… Continue reading Key Takeaways – House Hearing On TCPA Abuse
Abusive TCPA Litigation: Focus of House Subcommittee
Members of a House subcommittee demonstrated their concern over the recent wave of abusive TCPA lawsuits filed by serial litigators. On June 13, 2017, the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice held a hearing on “Lawsuit Abuse and the Telephone Consumer Protection Act” to discuss the issues and possible solutions. The TCPA was… Continue reading Abusive TCPA Litigation: Focus of House Subcommittee
Why Are There So Many TCPA Lawsuits Today
The quick answer . . . “Serial Litigators”. Who are they? Serial litigators opt into lead generation programs intent on turning them into TCPA and class action lawsuits. These experienced litigators have sued before and know exactly what they are doing. Their strategy includes methodically completing online forms and responding to texts that place them… Continue reading Why Are There So Many TCPA Lawsuits Today
TCPA Class Action Lawsuit Asks ‘What is an Autodialer?’
Can a text message platform that ONLY sends messages to a set list of numbers be considered an “autodialer” under the TCPA? That was the $1.8 billion question brought before the District Court for the Northern District of Illinois. And yes, the plaintiffs were seeking nearly two billion dollars in damages. Now, after years of… Continue reading TCPA Class Action Lawsuit Asks ‘What is an Autodialer?’
Tampa Bay Buccaneers $19.5 Preliminary Settlement Approved in TCPA Case
A Florida court granted the motion to certify the Technology Training Associates (TTA) lawsuit as a class action and approved the $19.5 million settlement amount. Claimants will be awarded $350 for the first fax send to them and an additional amount up to $565 total for subsequent faxes. The settlement fund provides for paid incentive awards, notice… Continue reading Tampa Bay Buccaneers $19.5 Preliminary Settlement Approved in TCPA Case
$15 Million Awarded to Attorneys of Historic $76 Million TCPA Class Action
After four years of litigation, the TCPA class action lawsuit Aranda v. Caribbean Cruise Line, Inc. was settled in February of this year for what is the largest settlement in TCPA history . . . $76 million. Naturally, the attorneys concluded that they deserved an equally historic financial reward. As you recall from our prior… Continue reading $15 Million Awarded to Attorneys of Historic $76 Million TCPA Class Action