The Seventh Circuit Court of Appeals handed down a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that sets a potentially dangerous precedent with regards to sellers being held vicariously liable for the actions of lead generators. The case—Bilek v. Federal Insurance Company—involves an insurance company that hired a marketer to promote its insurance… Continue reading Court Finds Insurance Company Can Be Held Liable for TCPA Violations Committed by Lead Generator
Tag: Vicarious Liability
TCPA Litigation After Facebook v. Duguid
April began with the Supreme Court’s bombshell ruling in Facebook v. Duguid. At the close of the month, let’s examine the fallout of that decision. A brief recap of the Facebook decision: SCOTUS sided with Facebook, setting a nationwide precedent for the narrow interpretation of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic… Continue reading TCPA Litigation After Facebook v. Duguid
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
What Is TCPA Compliance?
This article will explain the main provisions of the Telephone Consumer Protection Act (TCPA) with which callers must comply, outline why compliance is so important, and offer some best practices for compliance.
Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
An energy supplier that is a defendant in a class action for alleged Telephone Consumer Protection Act (TCPA) has filed a counterclaim against a third-party leads generator, alleging that the TCPA violations came about because they expressly disregarded compliance instructions and then falsified documentation to cover up their misdeeds. The energy company, Direct Energy, hired… Continue reading Seller Files Complaint Against Marketer Alleging Fraudulent TCPA Consent
Top 5 Risks for Inbound Calling Centers
Telemarketers must often navigate a minefield of risks. The Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), various Do Not Call (DNC) laws, and other regulatory statutes present a vast array of potential, costly violations. Ah, but you may be saying, “I only take inbound calls and all of these regulations apply to outbound… Continue reading Top 5 Risks for Inbound Calling Centers
Examining the Strategies of a TCPA Litigator
This article covers some of the most frequently used techniques by litigators, the sorts of businesses that they target, and some of the most prominent and illustrative TCPA judgments and settlements.
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
Court Dismisses TCPA Suit Against Subway on Multiple Grounds
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds. The class action, originally filed in 2016, stems from a text message that the plaintiff received from T-Mobile advertising a… Continue reading Court Dismisses TCPA Suit Against Subway on Multiple Grounds
District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations
A recent ruling by the Northern District of Illinois Court in a Telephone Consumer Protection Act (TCPA) class action adds to a growing body of case law that holds that avatar technology should be considered a “precorded voice” for the purposes of telemarketing regulations. Also known as “soundboard technology,” avatar technology was described by the… Continue reading District Court in Free Cruise Case Rules that Avatar Technology is Subject to TCPA Regulations