On August 3, 2021, Tru Kids Inc., doing business as Toys R Us (“Toys R Us” or “Plaintiff”), filed a complaint against Real Investment, LLC, doing business as Toys & Beyond (“Toys & Beyond” or “Defendant”), for trademark infringement, dilution, and unfair competition. Toys R Us is the owner of many famous trademarks that are […]
Toys R Us Files Trademark Infringement Complaint Against Toys & Beyond Read More »
If you are a telemarketer, you have probably heard plenty of talk about the Telephone Consumer Protection Act (“TCPA”). The TCPA is a consumer protection statute passed in 1991 and designed to protect the public from certain telemarketing tactics. As is often the case, technology has advanced exponentially faster than the TCPA, putting the law
Successfully Navigating TCPA Litigation Read More »
Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) face the growing risk of contacting consumers without proper TCPA consent. The Telephone Consumer Protection Act (TCPA) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, pre-recorded calls, auto-dialed calls, and text messaging. Businesses that
The Telemarketer’s Guide to TCPA Consent Read More »
The law rarely moves in a uniform direction. This is especially true when it comes to the Telephone Consumer Protection Act (“TCPA”). Several recent decisions interpreting the TCPA’s autodialer prohibition have come to the same conclusion: equipment is only an autodialer if it uses a random or sequential number generator to produce the number
Arizona Court Splits with Majority on Autodialer TCPA Violations Read More »
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
SMS Text Messaging and the TCPA Read More »
The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations may face lawsuits brought by unhappy consumers. These can get extremely expensive in the case of class actions, which often involve thousands of consumers and multiple violations. To safeguard your
How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap. Read More »
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 misled consumers through use of
Is the Favorite Chef Contest an Illegal Sweepstakes? Read More »
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 survive early scrutiny. The Court
No Early Dismissal in post-TCPA Facebook Case Read More »