On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The TCPA, or Telephone Consumer Protection Act, is a federal statute designed to protect consumer privacy by restricting certain types of […]
Telemarketers Ask: What Is an Oklahoma Automated System? Read More »
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National Do Not Call (“DNC”) registry compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies obtain prior express
Are Law Firms Susceptible to TCPA ATDS Claims? Read More »
On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury Vehicles, Inc. Plaintiffs sued Manhattan Luxury Vehicles (“Defendant”) for allegedly violating the Automatic Telephone Dialing System (“ATDS”) and Do Not Call
Court Rules TCPA Consent Cannot be Transferred Read More »
Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims in Plaintiff’s Telephone Consumer Protection Act (“TCPA”) lawsuit. Plaintiff sued RPM for allegedly calling him numerous times without his
Be Aggressive in Defending TCPA Lawsuits! Read More »
On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have
BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case Read More »
October 5, 2018 A recent decision out of the Ninth Circuit Court of Appeals has led the Federal Communications Commission (“FCC”) to issue a new public notice for comment on what constitutes an “automatic telephone dialing system” (“ATDS”) for purposes of compliance with the Telephone Consumer Protection Act (“TCPA”). The TCPA news just keeps coming.
TCPA News: FCC Seeks Public Comment on ATDS Definition Read More »
July 5, 2018 On June 29, 2018, the United States Court of Appeals for the Second Circuit issued a decision following the reasoning of the D.C. Circuit Court of Appeals’ recent decision rejecting, as unclear, the interpretation of the definition of an automatic telephone dialing system (“ATDS” or “autodialer”) that had been employed by the
June 20, 2018 Aaron’s Inc. (“Aarons”), a prominent lessor of furniture, appliances and electronics, was recently named as a defendant in a nationwide class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”). This TCPA lawsuit is one of many recent cases that involve the definition of automatic telephone dialing systems (“ATDS”) within
TCPA Lawsuit Tests Definition of ATDS After ACA International Read More »
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