As our readers know, the Telephone Consumer Protection Act (“TCPA”) legal landscape has rapidly evolved after two significant United States Supreme Court decisions opened the door to previously foreclosed TCPA legal arguments. Changes in the law have not curtailed the filing of TCPA-related lawsuits, however. In a recent TCPA wrong number lawsuit filed in Massachusetts […]
Car Dealer Chauffeured Into TCPA Wrong Number Case Read More »
The telemarketing industry was rocked this week by a decision out of the United States District Court for the Middle District of Florida in a Telephone Consumer Protection Act (“TCPA”) DNC text case. The arguments that resulted in the Court’s decision challenge long-held assumptions for what claims are viable under the TCPA, with reverberations likely
Big Telemarketing News! Great Ruling in DNC Text Case Read More »
Responding to an influx of demand letters received by Texas-based companies alleging California Invasion of Privacy Act (“CIPA”) violations, Texas’ Attorney General, Ken Paxton (“Texas AG”), recently implored Texas companies to contact his office if they have received CIPA demand letters. On the heels of recent CIPA reform, the Texas AG’s response to the surge
Receipt of CIPA Demands Triggers Texas AG Response Read More »
In the aftermath of two United States Supreme Court decisions, defendants faced with Telephone Consumer Protection Act (“TCPA”) National Do-Not-Call list (“DNC List”) lawsuits have advanced several arguments previously foreclosed to them. Businesses defending TCPA lawsuits based on alleged DNC List violations now may have a powerful new defense. Below, we discuss a recent decision
Important DNC List TCPA Ruling Read More »
Readers may recall a recent piece in which we discussed the first federal appellate court (“7th Circuit Court”) decision to address whether the Telephone Consumer Protection Act’s (“TCPA”) private right of action applies to the receipt of unwanted text messages. After this ruling, other federal courts were expected to adopt its reasoning, which was exactly
No Individual Claims for Receipt of Text Messages Under TCPA Read More »
Our readers know that we have been tracking developments with California Senate Bill 690 (“CIPA Bill”), legislation aimed at curtailing the unintended uptick in California Invasion of Privacy Act private enforcement actions. Mere days before California’s Legislature was scheduled to adjourn, both houses of California’s Legislature passed the CIPA Bill, which now awaits the governor’s
Just Under the Wire – CIPA Bill Passes! Read More »
Readers of this blog know that we often discuss consumer privacy claims surrounding the use of third-party pixel tracking software on consumer-facing websites. In a recent piece, we discussed a pixel tracking case that was dismissed for lack of standing. Following similar reasoning, a California federal court dismissed pixel tracking claims in a freshly issued
Another Favorable Pixel Tracking Decision! Read More »
As our readers know, having a Do Not Call (“DNC”) policy in place can mitigate against potentially significant Telephone Consumer Protection Act (“TCPA”) liability. Not only is a DNC policy recommended, but it is required under the TCPA’s implementing regulations. In this piece, we discuss what is and is not required under the TCPA and
The Best Policy Is A DNC Policy Read More »