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Brush Up on Telemarketing

TCPA Claim Defense Bites The Dust

David Klein May 6, 2025

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David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Most Recent

All Parties in the Marketing Chain May Be Held Liable for TCPA Violations

As we previously reported, a merchant may be vicariously liable under the Telephone Consumer Protection Act (“TCPA”) if a plaintiff can demonstrate that the third

Debt Collector that Allegedly Called Wrong Numbers Settles Multi-Million Dollar TCPA Class Action

A debt collection company recently entered into a settlement agreement in the putative class action captioned Jonsson v. USCB, Inc. (C.D. Cal.)(Case No. 13-CV-8166), involving

Bank of America Settles TCPA Lawsuit for Over $32 Million

Bank of America Corporation (“Bank of America”) and FIA Card Service, N.A. (“FIA”) (collectively, the “Defendants”) have agreed to pay one of the largest Telephone

FCC Declares Overly-Broad Absolute Liability for Unsolicited Faxes under the TCPA?

In response to an invitation from the United States Court of Appeals for the Eleventh Circuit concerning a question involving the interpretation of the Telephone

Accessing the National Do Not Call Registry: Telemarketer Fees Increase as of October 1, 2014

The Telemarketing Sales Rule (“TSR”), as amended, prohibits calls to consumers who have placed their phone numbers on the National Do Not Call Registry. Since

More on TCPA “Autodialers”

This blog recently discussed a split in the courts over the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act

Courts Split Over Definition of “Autodialer” Under TCPA

In April of 2014, we asked What is an “Autodialer” under the TCPA? At that time, a federal court in Pennsylvania had declined to find

In Upholding the Constitutionality of the TCPA, Court Narrowly Construes Autodialer Definition

The United States District Court for the Southern District of Florida recently considered the constitutionality of the Telephone Consumer Protection Act (“TCPA”) in an action

Capital One Settles Record Shattering TCPA Lawsuits for $75M

Capital One Financial Corp. (“Capital One”), Capital Management Services, L.P. (“CMS”), AllianceOne Receivables Management Inc. (“AllianceOne”) and Leading Edge Recovery Solutions, LLC (“Leading Edge”) (collectively

Court Finds No Long Arm Jurisdiction Exists Over Principal in TCPA Lawsuit

A federal judge for the District of Utah declined to exercise jurisdiction over the principal of a New York company that is being sued for

Ninth Circuit Outlines TCPA Vicarious Liability Standard

On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the

FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme

The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No.