The class consisted of approximately 1.1 million individuals. Plaintiffs claimed that between April 28, 2011 and January 31, 2016, Dun & Bradstreet used autodialing software to call cell phones without prior express consent.
Tag: TCPA
Federal Judges Grill FCC During October 19 Hearing on ACA Appeal
The American Collections Association, along with 7 other companies and trade associations, all filed suit against the FCC in 2015 following the FCC’s July 2015 Order “clarifying” the definition of an autodialer, who the “called party” is, and how to revoke consent. All 7 suits were consolidated in the D.C. Federal Circuit Court of Appeals. … Continue reading Federal Judges Grill FCC During October 19 Hearing on ACA Appeal
Cruise Lines Agree to $76 Million Dollar Settlement in TCPA Suit
Aranda v. Caribbean Cruise Line, Inc. Plaintiffs alleged that Caribbean Cruise, Vacation Ownership Marketing Tours, and the Berkley Group, a time share company, participated together in a robocalling campaign in which marketing calls were disguised as political satisfaction surveys.
Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules
Calls with a prerecorded message or made using an automated telephone dialing system to a Voice-over-Internet number with limited minutes should be treated the same as calls to a cellphone under the Telephone Consumer Protection Act, a New York federal court has ruled. Reny Rivero sued America’s Recovery Solutions alleging violations of the TCPA based… Continue reading Limited VoIP Plan = Cellphone For TCPA Purposes, New York Court Rules
House Takes Small Step Toward Statutory TCPA Reform
On September 22, members of the U.S. House of Representatives (Communications & Technology Subcommittee of the Energy & Commerce Committee) convened a meeting to discuss desperately needed, common sense TCPA reform. The tide of TCPA lawsuits and class actions appeared to be the primary concern. Committee members agreed that common-sense solutions were needed both to… Continue reading House Takes Small Step Toward Statutory TCPA Reform
How can my compliance training solution or internal testing program help win my TCPA/TSR case?
Recall that both the TCPA and TSR provide a limited “safe harbor” defense against certain law violations. In order for you to claim the DNC safe harbor defense in a TCPA/TSR case, you must first have these process in place.
FCC releases regulations regarding new government TCPA exemption
On August 11, 2016, the FCC released long awaited behavioral rules and definitions clarifying Congress’ newly passed exemption for calls relating to government-backed debts.
FCC issues TCPA Declaratory Ruling in favor of Schools and Utilities
On August 4, 2016, the FCC issued a declaratory ruling in response to petitions from Blackboard, Inc., as well as a joint petition by Edison Electric Institute and the American Gas Association. Both petitions sought clarifications on the already existing “emergency purposes” exemption in the TCPA. The FCC’s order clarifies that schools may lawfully make robocalls… Continue reading FCC issues TCPA Declaratory Ruling in favor of Schools and Utilities
FCC Releases Ruling on the New Government TCPA Exemption
On July 5, 2016, the FCC released a 23 page Declaratory Ruling further interpreting the new government TCPA exemption passed by congress as part of their recent bipartisan budget act.
Wells Fargo to settle TCPA case for 16.3 million
The case alleges that Wells Fargo used an autodialer to make solicitations regarding loans to about 3,296,755 consumers, without their consent.