Beware: TCPA Compliant Telemarketers May Still Face Liability for Robocalls

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A recent decision by the United States Court of Appeals for the Seventh Circuit will likely have an impact on the entire telemarketing industry.  The Court of Appeals reversed the ruling of an Indiana federal court relating to the potential liability of a company making non-commercial autodialed calls that complied with the Telephone Consumer Protection […]

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Consumers Could Recover Damages under the TCPA, Even If Valid Consent Is Obtained

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Last month, a federal court in Seattle confirmed that consumers may sue for damages under the Telephone Consumer Protection Act (“TCPA”) even if they consented to receiving autodialed and/or pre-recorded telephone calls on their mobile phones.  Despite the fact that the TCPA is silent as to whether a consumer may revoke his/her consent under the

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payday lending

New York Expands Payday Lending Industry Investigation to Focus on Marketers

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As we previously blogged and in light of of recent regulatory action by the Federal Deposit Insurance Corporation (FDIC) regarding short term loans (also referred to as “payday loans” and “cash advances”), New York Governor Andrew Cuomo has increased enforcement efforts against payday lenders and recently widened the net of potential defendants to include marketers of payday

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List of Payday Marketers Subpoenaed

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Below is a list of the 16 lead generation companies to which subpoenas were issued. The subpoenas are demanding a wide range of materials as part of Governor Cuomo’s ongoing investigation, including marketing materials, contracts for sales of consumer information and privacy policies. Allied Cash Advance Bahamas Marketing Group, Inc. Blue Global, LLC d/b/a 100DayLoans,

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Faxes May Violate TCPA Even When Requested by Consumers

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Until recently, we focused our Telephone Consumer Protection Act (“TCPA”) discussions on telemarketing phone calls and text messages.  However, it is important to remember that under the TCPA, the Federal Communications Commission (“FCC”) is also empowered to regulate marketing material sent via telecopier.  In fact, last week a consumer class action lawsuit was filed in a

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TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers

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In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing

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FTC Secures Multi-Million Dollar Judgment Against Business Opportunities Marketer

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In a settlement order filed on Monday in an Oregon federal court, the Federal Trade Commission (FTC) banned a company from using deceptive marketing practices in connection with offering consumers work-at-home business opportunities.  The company, Smart Tools LLC and its officers, Kristin Hegg and Curtis Dawn, agreed to pay a $7.4 million judgment for violating

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