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SMS Text Messages and the TCPA- Klein Moynihan Turco LLP

SMS Text Messaging and the TCPA

Short Message Service (SMS) text messaging has become a ubiquitous form of communication for people over the last decade.  Consequently, marketers and advertisers who are continuously refining their processes to more successfully connect with current and prospective consumers have gravitated to the medium in droves.  Oftentimes, however, they do so without regard for the nuanced and particular regulations that govern SMS text message marketing.   What are the rules applicable to SMS text messaging?

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Is the Favorite Chef Contest an Illegal Sweepstakes?

On June 24, 2021, Bridget and Lisa Ward (the “Plaintiffs”) filed a class action lawsuit against Crow Vote LLC (“Crow Vote”), its owner Darrin Austin, and celebrity chef Edward Matney (collectively, the “Defendants”). The complaint alleges that the “Favorite Chef” contest promoted by Defendants was actually an illegal sweepstakes that

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No Early Dismissal in post-TCPA Facebook Case

Recently, a Missouri federal court analyzed how the United States Supreme Court decision in Facebook v. Duguid (“Facebook”) interprets the Telephone Consumer Protection Act (“TCPA”). In the aftermath of the TCPA Facebook decision, the Missouri court (the “Court”) in Miles v. Medicredit, Inc. addressed whether Miles’s TCPA autodialer claims could

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