On Friday, March 31, the D.C Circuit Court entered its ruling on Yaakov v. Federal Communications Commission vacating the part of the FCC’s 2006 Fax Order that requires the inclusion of opt-out language on faxes that are sent with the prior consent of the recipient.
Tag: TCPA
What We Learned from 5 Major TCPA Lawsuits in 2016
Last year saw nearly a 32% increase in number of the Telephone Consumer Protection Act (TCPA) case filings over the previous year. Amongst the thousands of TCPA class action lawsuits filed, we’ve identified five major suits in particular that have provided some valuable lessons. While we review these cases, ask yourself if you notice any… Continue reading What We Learned from 5 Major TCPA Lawsuits in 2016
The Making of a TCPA Class Action Lawsuit
Del Valle v. Global Exchange Vacation Club. In this article, we examine a recent TCPA lawsuit to demonstrate the legal process for evaluating whether a case should move forward with class action status and touch on some simple things you can do to prevent cases like this before you begin your campaigns.
Marketers Claim Victory with Dismissal of TCPA Case in California
In Epps v. Earth Fare Inc., plaintiff Jalen Epps sued organic grocer Earth Fare for alleged violations of the Telephone Consumer Protection Act (TCPA). Ms. Epps claimed that Earth Fare continued to send her marketing texts, despite her many attempts to opt out.
Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA
The United States District Court for the Western District of Washington just granted summary judgment for the defendant in a case that is great news for the dialer vendor industry. The court held that CallFire, a dialer vendor that simply transmits messages on behalf of their clients, was a common carrier, and therefore exempt from… Continue reading Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA
Facebook’s Motion to Dismiss a TCPA Lawsuit is Denied
The Northern District of California denied Facebook’s motion to dismiss a putative class action accusing the company of violating the TCPA. The plaintiff, Florida resident Colin R. Brickman, accuses Facebook of sending thousands of “happy birthday” texts without consent. The lawsuit, filed on February 2, 2016, alleges that Facebook violates the TCPA by sending unauthorized… Continue reading Facebook’s Motion to Dismiss a TCPA Lawsuit is Denied
$14.5 Million Settlement by American Eagle Outfitters For TCPA Text Messaging Violation
Apparel company, American Eagle Outfitters, has agreed to settle a class action lawsuit in which plaintiffs claim the company violated the Telephone Consumer Protection Act (TCPA). Starting in 2010, American Eagle allegedly sent over 600,000 text messages to cell phones without consent, or after the recipient had opted out of future messages. Experian Marketing Solutions, a third… Continue reading $14.5 Million Settlement by American Eagle Outfitters For TCPA Text Messaging Violation
$9.3 Million Settlement by Medical Group After Sending Faxes in Violation of the TCPA
A medical services company, Advanced Care Scripts, Inc., is in trouble after allegedly sending thousands of faxes promoting their services over the course of almost five years, from April 2011 to February 2016. The faxes failed to include mandatory opt-out information, which is a violation of the TCPA. Jefferson Radiation Oncology LLC, a recipient of… Continue reading $9.3 Million Settlement by Medical Group After Sending Faxes in Violation of the TCPA
Trump Campaign Fights Back Against TCPA Class Action Lawsuit
Recall that president-elect Donald Trump’s campaign is the target of a class action lawsuit that alleges it sent text messages without consent in the months leading up to the election.
Follett Higher Education Group Agrees to $3.5 million TCPA Text Message Settlement
FHEG allegedly violated the Telephone Consumer Protection Act (TCPA) by sending non-emergency text messages to approximately 1.8 million consumers using an automatic telephone dialing system.