It took less than a week for a District Court to cite the Supreme Court’s ruling in Facebook v. Duguid. In Montanez v. Future Vision Brain Bank, a Colorado court mentions the landmark SCOTUS ruling in Telephone Consumer Protection Act (TCPA) case against a cannabis dispensary. However, the court did not cite Facebook in order… Continue reading District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit
Tag: TCPA
TCPA for Text Messaging
In the world of marketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text messaging platforms are among the most widely used dialing methods and, thanks to constantly evolving court, the nature and extent of its risk is frequently changing.
SCOTUS Ruling in Facebook v. Duguid Adopts Narrow ATDS Definition
The Supreme Court handed down their highly anticipated ruling in Facebook v. Duguid. Upending Telephone Consumer Protection Act (TCPA) enforcement as we know it, the court finally set a nationwide precedent for how to interpret the law’s definition of automatic telephone dialing system (ATDS). As many observers anticipated after the court heard oral arguments in… Continue reading SCOTUS Ruling in Facebook v. Duguid Adopts Narrow ATDS Definition
Contact Center Compliance Consent Masterclass: Volume 1 Rewind
On March 10, Contact Center Compliance hosted the Consent Masterclass Series Part 1with Eric J. Troutman and Daniel Delnero from Squire Patton Boggs, Puja Amin from LoanDepot, and Jeremy Gladstone from Capital One. The panelists discussed the differences between consent for marketing calls (“prior express written consent”) and informational calls (“prior express consent”). This included… Continue reading Contact Center Compliance Consent Masterclass: Volume 1 Rewind
Cannabis Company Faces $5 Million TCPA Complaint
Cannabis companies remain a significant target for Telephone Consumer Protection Act (TCPA) complaints. The latest—Montanez v. Green Peak Industries LLC—is a class action in the Western District of Michigan Court seeking a whopping $5,000,000 in damages. The defendant is a Michigan-based chain of cannabis dispensaries. Michigan legalized the use of cannabis for recreational purposes in… Continue reading Cannabis Company Faces $5 Million TCPA Complaint
San Francisco Giants and MLB Advanced Media Sued for Alleged TCPA Violations
Babe Ruth is quoted as having said, “Never let the fear of striking out keep you from playing the game.” This may be good advice for a baseball player but it is bad advice for telemarketers who have to worry about the potentially enormous penalties associated with the Telephone Consumer Protection Act (TCPA). A promotional campaign… Continue reading San Francisco Giants and MLB Advanced Media Sued for Alleged TCPA Violations
National Republican Senatorial Committee Faces TCPA Lawsuit
A wide variety of different kinds of political campaigns have been the recipients of Telephone Consumer Protection Act (TCPA) lawsuits. These sorts of lawsuits have involved campaigns at the federal level down to the local level and have targeted members of both parties. The latest TCPA lawsuit against a political campaign involves the National Republican… Continue reading National Republican Senatorial Committee Faces TCPA Lawsuit
New TCPA Class Certification May Spell Doom for Widely Used Method of Obtaining Consent
The most frequent point of emphasis for any Telephone Consumer Protection Act (TCPA) compliance strategy is to obtain proper consent. While nothing is foolproof with regards to the TCPA, properly obtained, well documented consent is an invaluable tool in defense of any TCPA litigation. However, the decision of a District Court to grant certification to… Continue reading New TCPA Class Certification May Spell Doom for Widely Used Method of Obtaining Consent
TCPA Violations: What Constitutes Harm?
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era. As a result, a significant portion of the responsibility for the evolution and clarification of regulatory efforts has been carried out through court opinion.
Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid
Following December’s oral arguments, the entire telemarketing industry is awaiting the Supreme Court’s decision in Facebook v. Duguid. Apparently, many lower courts that hear Telephone Consumer Protection Act (TCPA) cases are doing so, as well. Continuing a trend that began after the Supreme Court first granted certification to Facebook’s appeal, numerous lower courts are granting… Continue reading Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid