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
Tag: Text Marketing
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
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.
Three More Cannabis Dispensaries Sued for TCPA Violations
As the idiom goes, once is an exception, twice is a coincidence, thrice is a trend. Well, there are so many Telephone Consumer Protection Act (TCPA) complaints being filed against cannabis businesses that it is far beyond the realm of idiom. Three different TCPA class actions have been filed against cannabis dispensaries just within the state of California recently.
Another Cannabis Dispensary Sued for TCPA Violations
As we have covered previously, the emerging cannabis industry has become a major target for Telephone Consumer Protection Act (TCPA) litigation. A recent case from Nevada serves as an illustrative example of the sorts of circumstances that lead to these lawsuits. According to the complaint, two women allege that they visited a cannabis dispensary in… Continue reading Another Cannabis Dispensary Sued for TCPA Violations
Is the TCPA Only for Cell Phones?
The TCPA regulates all sorts of telemarketing activity, including calls to every type of phone number. This article will explain how the TCPA’s restrictions on the use of an automatic telephone dialing system (ATDS) to call cell phone numbers fits into the law’s overall regulatory framework.
President Trump’s Campaign Faces Another TCPA Complaint
While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS). This is… Continue reading President Trump’s Campaign Faces Another TCPA Complaint
Car Dealerships Settle TCPA Class Action for $850,000
A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok. October 14, 2020)—stemming from alleged text message marketing violations. The defendants settled for $850,000, which is actually something of discount, considering the alleged violations involved texts to 118,000… Continue reading Car Dealerships Settle TCPA Class Action for $850,000
District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA
When the Telephone Consumer Protection Act (TCPA) was passed into law in 1991, one of its primary purposes was regulating the then-current practice of sending junk faxes. In the intervening 29 years, telecommunications technologies have dramatically changed (several times over) but the law that is the centerpiece of federal telemarketing regulations has remained largely the… Continue reading District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA
Virginia’s New Telemarketing Amendments Take Effect
Back in April, Virginia Governor Ralph Northam signed into law several amendments to the state’s existing law that regulates telemarketing, the Virginia Telephone Privacy Protection Act. Those amendments take effect July 1, 2020. The law was originally passed in 2001 and was most recently amended in 2019. The 2020 amendments clarify the law’s definition of… Continue reading Virginia’s New Telemarketing Amendments Take Effect