New York Attorney General Letitia James announced that she has levied $2.15 million in fines against an energy services company for dishonest practices and violations of both the federal and state do not call (DNC) list laws. The AG’s office conducted an investigation into Family Energy for its deceptive practices and secured millions in restitution.… Continue reading New York Attorney General Fines Energy Company for DNC List Violations & Deceptive Practices
Tag: TCPA
Webinar Recap: What You Need to Know About America’s Most Dangerous Statute Moving into 2022
Yesterday, Contact Center Compliance conducted our first Telephone Consumer Protection Act (TCPA) webinar of the year, hosted by CCC’s Director of Compliance Services, Arvell Craig. As usual, our guest was Eric Troutman, the Czar of TCPAWorld. For our regular webinar attendees, his presentation served as an informative update to the wide range of important TCPA-related… Continue reading Webinar Recap: What You Need to Know About America’s Most Dangerous Statute Moving into 2022
Serial Plaintiff Scores Multiple TCPA Penalties Per Call
Andrew Perrong is an infamous Telephone Consumer Protection Act (TCPA) plaintiff and his latest court victory illustrates one of the less understood dangers of the TCPA: the fact that each call may violate multiple TCPA provisions and thus be assessed multiple penalties on each call. In Perrong’s case, he alleged that 26 prerecorded calls that… Continue reading Serial Plaintiff Scores Multiple TCPA Penalties Per Call
Plaintiffs’ Lawyers on Receiving End of TCPA Class Action
In an example of the proverb “Turnabout is fair play”, a plaintiff’s law firm has been sued for alleged violations of the Telephone Consumer Protection Act (TCPA). The defendant, The Litigation Practice Group PC, is alleged to have placed multiple telemarketing calls to the plaintiff despite his phone number being listed on the National Do… Continue reading Plaintiffs’ Lawyers on Receiving End of TCPA Class Action
Pepsi Sued for Alleged Robocall Violations
On February 18, PepsiCo and one of its distributors were on the receiving end of a Telephone Consumer Protection Act (TCPA) class action complaint stemming from alleged robocall violations. The plaintiff in Epps v. PepsiCo Inc. and Quail Mountain Coffee & Vending alleges that he received “numerous telemarketing calls” to his cell phone with prerecorded voice messages from Pepsi asking if he would like to restock his supply of Pepsi products.
District Court Rejects Argument That Text Messages Are Prerecorded Voice
A district court in California rejected a plaintiff’s argument in a Telephone Consumer Protection Act (TCPA) lawsuit that tried to establish a new avenue for text message claims. The court granted the defendant’s motion to dismiss, noting that the plaintiff’s claims that text messages constitute “prerecorded voice” messages flatly contradicts both the common sense and dictionary definitions of “voice.”
Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers
A recent class certification ruling by the District Court in Arizona demonstrates several of the most dangerous aspects of the Telephone Consumer Protection Act (TCPA). The case—Head v. Citibank—stems from alleged violations committed by a bank while making collections calls. The class contains over a million people, many of whom may have received more than… Continue reading Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers
FCC Proposes Declaratory Ruling Stating That Ringless Voicemails Are Robocalls
Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced a new proposed Declaratory Ruling and Order that would affirm that ringless voicemail (RVM) technology is subject to the same Telephone Consumer Protection Act (TCPA) consent requirements as prerecorded calls. If enacted, it would find that “ringless voicemails are, in fact, ‘calls’ that require consumers’ prior express consent.” The… Continue reading FCC Proposes Declaratory Ruling Stating That Ringless Voicemails Are Robocalls
January TCPA Litigation Roundup
A month into 2022 and the courts have already been busy with notable Telephone Consumer Act (TCPA) cases. Let’s examine some particularly notable case studies from the month of January.
The TCPA and Personal Liability
Litigation under the Telephone Consumer Protection Act (TCPA) generally targets companies, whether that means telemarketing companies or the sellers that hire them. But there is a legal precedent for TCPA complaints—and the potentially expensive penalties that go with them—to be filed against employees and corporate officers under a theory of individual liability.