The TCPA The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 but has only caught fire as a preferred basis of litigation in the past few years. The TCPA, with some exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for […]
Are You Ready For The New TCPA Rules? Read More »
As many of you are aware, beginning today and with limited exceptions, prior express written consent will be required for all autodialed and/or pre-recorded marketing calls/texts sent to cell phones and pre-recorded calls made to landlines. Additionally, telemarketers can no longer rely on previous business relationships with customers to get around the prior written consent
So you have been served with a Telephone Consumer Protection Act (“TCPA”) class action lawsuit. The immediate questions invariably come to mind: What is the TCPA? What did I do wrong? How do I make this TCPA lawsuit go away without destroying my business and/or consuming the next two years of my life? Background on
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The Missouri Attorney General recently entered into an enormous settlement resulting from a multi-state investigation involving a marketing company that allegedly engaged in deceptive marketing by enrolling consumers in discount clubs and memberships without their knowledge or consent and billing them on a recurring monthly or yearly basis. Affinion Group, Inc. and its subsidiaries, Trilegiant
On October 2, 2013, the United States District Court for the District of New Jersey rejected a defendant’s argument that class action proceedings under the Telephone Consumer Protection Act (“TCPA”) are not the superior means of resolving TCPA class action claims because alternative forums are available. Specifically, in a federal action involving transmission of unsolicited
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People have been playing in online fantasy sports leagues for a long time. When the federal government created a specific carve-out for fantasy sports in the Unlawful Internet Gaming Enforcement Act (UIGEA) in 2006, paid money leagues became legal on a federal level for the first time. However, the ability to collect monetary prizes in
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On October 4, 2013, five insurance companies, including Geico, Statefarm, Nationwide and Farmers, were named in a TCPA class action lawsuit filed in Illinois Federal Court, along with the third party marketer that placed calls on their behalf to consumers’ mobile phones. The TCPA Class Action Complaint Four plaintiffs seek to represent a class of
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Following the passage of a law that legalized online casino games within the State of New Jersey, New Jersey online gaming regulators have sent letters to casino operators announcing that sanctioned online gaming may commence on November 26, 2013 at 9 A.M. EST. New Jersey Online Gaming Rules and Regulations As many of you are aware, earlier this
New Jersey Online Gaming Will Go Live on November 26th Read More »