September 2013

Debt Collection Text Messages Must Comply with the Law

For the first time in its history, the Federal Trade Commission (“FTC”) recently initiated an action against a debt collector for its allegedly unlawful use of debt collection text messages.  Almost a month after filing its complaint in the United States District Court for the Central District of California, the FTC settled with the debt […]

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Prerecorded Call Invitation To Attend Recruiting Webinar Did Not Violate TCPA

In a universe of cases which seem to endlessly expand the scope of TCPA liability, a breath of fresh air and common sense recently emanated from the United States District Court for the Southern District of California. Plaintiff’s TCPA Allegations In Friedman v. Torchmark  Corporation; United American Insurance Company, et. al., Plaintiff alleged that Defendant

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FTC Crackdown on Unsolicited Commercial Text Message Spamming Continues

As evidence of the Federal Trade Commission’s (“FTC”) increased zeal to stem the tide of unsolicited commercial text message marketing, the United States District Court for the Northern District of Illinois recently approved and entered a heavy-handed final judgment against Rentbro, Inc. and its principals.  Among other things, the judgment compels Rentbro to pay to

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New Jersey Governor Christie Loses Appeal to Legalize Sports Gambling

A New Jersey State law that would legalize sports gambling in Atlantic City casinos suffered another major setback this week when the Third Circuit Court of Appeals agreed with the lower court and found the law to be illegal. Lower Court Decision As you may remember, earlier this year the United States District Court for

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“Debt Relief” Robocalling Telemarketers Settle with FTC

The Federal Trade Commission (“FTC”) recently entered into multi-million dollar settlements shutting down the operations of several companies that allegedly used robocalls to contact consumers in order to trick them into paying upfront fees to get low credit card interest rates (which they ultimately never received). Background: The Robocalls and Purported Scam In lawsuits commenced

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DirecTV Named in Multi-Million Dollar Class-Action TCPA Lawsuit

In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines.  By various accounts, TCPA lawsuits are up 40-60% in 2013, compared to the same period in 2012, and there appears to be no signs of this trend slowing any time soon. DirecTV TCPA Lawsuit On September 5, 2013, a TCPA lawsuit was

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Attorney Liable in Illinois TCPA Class Action for Sending Junk Faxes

The United States Court of Appeals for the Seventh Circuit affirmed that commercial messages sent via facsimile (“faxes”) by a marketing firm on behalf of an attorney to more than two hundred certified public accountants (“CPAs”) violated the Telephone Consumer Protection Act (“TCPA”) because they did not inform the recipients how to stop receiving future

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