Our readers shouldn’t mistake our silence for a dearth of Telephone Consumer Protection Act (“TCPA”) quiet hours lawsuits. Last month, The Law Offices of Jibrael Hindi (“Hindi”) filed a quiet hours lawsuit against a company alleging that it sent marketing text messages before 8:00 a.m. and after 9:00 p.m. (“Quiet Hours Window”). Below, we discuss […]
Silence Is Golden – Quiet Hours Lawsuits Continue to be Filed Read More »
With healthcare open enrollment underway, the Federal Trade Commission (“FTC”) recently issued warning letters to approximately 25 companies that engage in healthcare-related marketing (“Warning Letters”). While the Warning Letters did not conclude that the companies engaged in healthcare marketing wrongdoing, they reiterated the FTC’s position that it will take action against companies that market or
FTC Takes Aim at Healthcare Marketing Read More »
Our readers are familiar with claims alleging that the use of third-party tracking tools on consumer facing websites violates the California Invasion of Privacy Act’s (“CIPA”) wiretap statute. Facing CIPA wiretapping claims similar to those that we have discussed frequently, a predictions-based company recently filed a motion to dismiss in a California federal court. Below,
Want to Bet On Something? Bet on CIPA Wiretapping Claims Read More »
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 »