In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines. By various accounts, TCPA lawsuits are up 40-60% in 2013, compared to the same period in 2012, and there appears to be no signs of this trend slowing any time soon. DirecTV TCPA Lawsuit On September 5, 2013, a TCPA lawsuit was […]
DirecTV Named in Multi-Million Dollar Class-Action TCPA Lawsuit Read More »
The United States Court of Appeals for the Seventh Circuit affirmed that commercial messages sent via facsimile (“faxes”) by a marketing firm on behalf of an attorney to more than two hundred certified public accountants (“CPAs”) violated the Telephone Consumer Protection Act (“TCPA”) because they did not inform the recipients how to stop receiving future
Attorney Liable in Illinois TCPA Class Action for Sending Junk Faxes Read More »
The case of Physicians Healthsource, Inc. v. Stryker Sales Corp., et al., currently pending in the United States District Court for the Western District of Michigan, has presented very fundamental questions that go to the heart of Telephone Consumer Protection Act (“TCPA”) class actions. The underlying facts of the case are fairly straight forward. The
Multiple Questions Could Derail TCPA Class Actions Read More »
On August 22, 2013, the United States Court of Appeals for the Third Circuit ruled that consumers may revoke consent to receive automated dialer telephone calls on their mobile phones pursuant to the Telephone Consumer Protection Act (“TCPA”). The decision marks the first time that a federal appellate court has ruled that consumers may revoke
Consumers May Revoke TCPA Consent Read More »
As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Jesta Digital, LLC, better known as Jamster, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws. “Cramming” is the act of placing unauthorized charges on a consumer’s telephone bill – in the
Jamster Settles FTC Cramming Lawsuit for More than $1 Million Read More »
Earlier this year, a putative class action under the Telephone Consumer Protection Act (“TCPA”) was dismissed by a New York federal court on the grounds that state courts “unequivocally” have exclusive jurisdiction over TCPA private actions. The court held that New York State law, specifically § 901(b) of the New York Civil Practice Law and
While it might seem like a minor point in what can otherwise be more substantive negotiations at the outset of any joint venture, marketing partnership or other business opportunity, it is essential that you insist on using your own contract form when you are ready to memorialize the relationship. It is not uncommon for both
Why Using Your Own Contracts Is a Must Read More »
While we have been closely following the progress of the Food and Drug Administration’s (“FDA”) federal e-cig regulations, we have also kept our readers up to date with state-specific e-cig regulations. The most recent news comes from New York City, which may soon be highly regulating or even banning flavored e-cigs throughout much of the
New York City Set to Ban E-Cigs? Read More »
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