December 2013

All the Court’s a TCPA Stage: T-Mobile Gets Another Big TCPA Win

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Last week, the United States Court of Appeals for the Second Circuit affirmed the Eastern District of New York’s decision dismissing an action brought against T-Mobile under the Telephone Consumer Protection Act (“TCPA”) due to a binding arbitration clause contained in the parties’ contract. To Arbitrate or Not? That is the Question. The plaintiff, Teddy […]

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FTC Brings New Lawsuit against 10 Companies and Individuals Charged with Mobile Cramming

Leave a Comment / Blog, Data & Privacy Law, Journal /

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) filed a complaint against several mobile marketing companies, including Tatto, Inc. and its principals, in a California federal court, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  “Cramming” is the act of placing

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Making TCPA Debt Collection Calls or Texts? Think Twice

Leave a Comment / Blog, Journal, Telemarketing Law /

Many of our readers are generally aware of the restrictions placed on telemarketing calls by the Telephone Consumer Protection Act (“TCPA”).  Specifically, the TCPA prohibits marketing phone calls and texts that are made using automated dialing equipment or that contain artificial voices and/or pre-recorded messages.  Some readers may also be aware of the fact that

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Beware: TCPA Compliant Telemarketers May Still Face Liability for Robocalls

Leave a Comment / Blog, Journal, Telemarketing Law /

A recent decision by the United States Court of Appeals for the Seventh Circuit will likely have an impact on the entire telemarketing industry.  The Court of Appeals reversed the ruling of an Indiana federal court relating to the potential liability of a company making non-commercial autodialed calls that complied with the Telephone Consumer Protection

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Consumers Could Recover Damages under the TCPA, Even If Valid Consent Is Obtained

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Last month, a federal court in Seattle confirmed that consumers may sue for damages under the Telephone Consumer Protection Act (“TCPA”) even if they consented to receiving autodialed and/or pre-recorded telephone calls on their mobile phones.  Despite the fact that the TCPA is silent as to whether a consumer may revoke his/her consent under the

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