The Federal Communications Commission (FCC) issued a Declaratory Ruling holding that click-to-text platforms will not be considered to be Automatic Telephone Dialing Systems (ATDS) if the phone number is manually added each time. This ruling is in response to a May 2018 petition from from P2P Alliance. It affirms that a peer-to-peer texting platform that… Continue reading FCC Issues Declaratory Ruling That Click-to-Text Is Not an ATDS
Tag: Text Marketing
TCPA Lawsuits on Both Sides of the Aisle: Bernie Sanders’s Campaign Sued
As we enter the summer of an election year, we are seeing further evidence of how the Telephone Consumer Protection Act (TCPA) poses risks for political campaigns. This week, a TCPA class action was filed against the erstwhile presidential campaign of Vermont senator Bernie Sanders. The case—Jacob Buller and Cody Olson v. Bernie 2020 Inc.,… Continue reading TCPA Lawsuits on Both Sides of the Aisle: Bernie Sanders’s Campaign Sued
Court Dismisses Vicarious Liability Claim in TCPA Class Action
Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find… Continue reading Court Dismisses Vicarious Liability Claim in TCPA Class Action
Florida Court Rules that Twilio’s Texting Platform is Not an ATDS
In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D.… Continue reading Florida Court Rules that Twilio’s Texting Platform is Not an ATDS
Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits. The defendant in the case—Derval v. Xaler, Case No 2:19-CV-01881-ODW (JEMx), 2020 U.S. Dist. LEXIS 13912 (C.D. Cal. Jan. 28, 2020)—is Xaler, a California-based cannabis delivery company. The plaintiff claimed that… Continue reading Certification Denied in TCPA Class Action Against Cannabis Delivery Company
TCPA Class Action Brought Against President Trump’s Campaign
While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.
Eleventh Circuit Dismisses TCPA Class Action In Which Plaintiff Received A Single Text Message
The Eleventh Circuit Court dismissed a TCPA class action for lack of standing in a case where the plaintiff received only a single text message.
Bloomingdale’s Text Marketing Leads to $1.4M TCPA Settlement
Bloomingdale’s inadvertently violated TCPA laws by sending out promotional text messages to people who had opted into their “Loyalist Program”, but hadn’t specifically agreed to receive promotional or marketing text messages from the retailer.
Court Decertifies TCPA Class Action Against Yahoo
The court which had initially certified a class action, found that significant questions about “consent” constituted grounds to decertify the class. The case is Johnson v. Yahoo!, Inc..
5 Simple Tips Help Telemarketers Win TCPA Lawsuits
Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. Here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court.