A Los Angeles man filed a class action lawsuit in federal court in California on March 30 alleging that three timeshare companies, World Wide Vacations Inc., RCI LLC, and Interval International Inc., violated provisions of the Telephone Consumer Protection Act (TCPA). The lawsuit alleges that the companies advertise their products and services by calling consumers’ phones using… Continue reading Consumer Files TCPA Class Action in CA Federal Court Against Three Timeshare Companies
Tag: TCPA
Yet Another Reminder to Scrub for VoIP
We all remember Lynn v. Monarch Recovery Services, in which the 4th Circuit Court of Appeals decided calls made to a residential VoIP number where the owner was charged for the call, were illegal, just as if they had been made to a wireless phone without written consent. Separately, in the recent 5th Circuit… Continue reading Yet Another Reminder to Scrub for VoIP
FCC proposes new TCPA regulations for government debt collectors
The latest congressional budget deal allows private debt collectors who collect on debts guaranteed by the government to autodial cell phones, despite the TCPA ban.
FTC and TCPA News for the Week
This week, the FTC sued Francisco Salvat and a number of his business entities for making an alleged 1.3 million illegal robocalls. The calls pitched solar panel installation products and services.
9th Circuit Affirms TCPA Consent Defense
Earlier this month the 9th Circuit upheld the district court’s grant of summary judgment in the case of Shaya Baird v. Sabre, Inc., et al. The case concerned an unsolicited text message that was sent to the plaintiff’s cell phone. However, the court found that the plaintiff had provided “prior express consent” to the defendant by releasing her… Continue reading 9th Circuit Affirms TCPA Consent Defense
TCPA Issues to Watch Out for in 2016
What will happen in the appeal of the FCC’s 2015 Omnibus Declaratory Ruling and Order? A number of businesses and other interested parties have appealed the FCC’s Declaratory Ruling and Order, arguing that the FCC went too far in twisting the text of the TCPA to meet their agenda.
Scrubbing for Re-Assigned Numbers
Businesses have a lot to object to in the FCC’s July 10, 2015 Declaratory Ruling and Order. However, perhaps no issue is more problematic for businesses than the FCC’s new rules on calling reassigned numbers.
Litigious TCPA states to avoid, unless you have a great compliance infrastructure.
Most businesses are aware that California is a hotbed of TCPA litigation, but this is in part due to California having the largest population of any state in the country. When you compare the number of known litigants in each state (and D.C.) with the state/district’s population, the results may surprise you. See below for… Continue reading Litigious TCPA states to avoid, unless you have a great compliance infrastructure.
TCPA Wireless Phone Verification Now Available
Our latest TCPA solution mitigates the risks of violating the Telephone Consumer Protection Act (TCPA) with the most accurate and up-to-date consumer contact information available to further mitigate risk along with our Wireless ID℠ solution. Instantly verify whether a specific phone number is wireless or wired line to learn if TCPA regulations apply and also… Continue reading TCPA Wireless Phone Verification Now Available
Court grants partial summary judgment in TCPA involving preview dialer
In a breath of fresh air, the United States District Court for the Middle District of Florida has granted the defendant’s motion for partial summary judgment in the case of Estrella v. LTD Financial Services, LP. The plaintiff in this case had alleged that the defendant used an ATDS to call the plaintiff’s cell phone, in… Continue reading Court grants partial summary judgment in TCPA involving preview dialer