Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received three text messages between 3:00 and 6:00 a.m. If Plaintiff’s allegations are proven true, Defendant may have violated the Telephone Consumer […]
Do Not Disturb: Observe Telemarketing Hours! Read More »
Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s current TCPA rules. Below, we discuss the petition in further detail. Petition Claims Current TCPA Rules Require FCC Action In response to an “alarming surge in
Petition to FCC Seeks TCPA Ruling and Clarification Read More »
Last week, a putative class action Complaint was filed against a major fantasy sports company in the United States District Court for the Eastern District of New York. In Ballentine v. Underdog Sports, LLC, Plaintiffs allege that Defendant violated NY’s fantasy sports law by offering illegal sports bets that it deceptively marketed as daily fantasy
NY Fantasy Sports Operator Accused of Running Illegal Betting Platform Read More »
In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation rule remains intact and is effective April 11, 2025. Below, we discuss the FCC’s TCPA consent revocation rule in further detail. New
FCC’s TCPA Consent Revocation Rule Effective April 11, 2025! Read More »
On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp., the Court held that Plaintiff had sufficiently plead claims against Defendant pursuant to Washington’s Commercial Electronic Mail Act (“CEMA”) and
Refer a Friend Promotions? Get Consent! Read More »
Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are increasingly rare. Notwithstanding the foregoing, these cases still are filed on occasion. For example, a Texas federal court recently was tasked with having to decide
Autodialer TCPA Claim Read More »
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a result, parties to an action will frequently issue TCPA subpoenas to non-parties for information that can help substantiate their respective arguments.
Act Quickly After Receiving a TCPA Subpoena Read More »
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that text messages routed through a virtual phone service provider (“service provider”) reach their target audience. For the uninitiated, a
Do You Need Help With TCR Registration? Read More »
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