In the wake of the United States Supreme Court’s decision in Facebook, Inc. v. Duguid, several states began enacting their own “mini” Telephone Consumer Protection Act (“TCPA”) statutes. To date, those states include Florida, Oklahoma, and Washington, with states such as Georgia, Massachusetts, and Michigan close behind. On June 29, 2021, Florida signed CS/SB 1120 […]
Trend Continues – More State TCPA Laws Introduced Read More »
Many businesses have felt the panic and frustration of getting sued for violating the Telephone Consumer Protection Act (“TCPA”) in situations where they had no idea how plaintiffs received any calls or text messages from them. Sometimes, it seems, these unknown calls and text messages come from the less scrupulous in the industry and try
Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing Read More »
Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several
TCPA Consent Issues Defeat Class Certification Read More »
The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. Congress and regulators cannot seem to keep up with new technology and new marketing methods, making the TCPA more patchwork quilt than finished product. Recent court decisions have had to fill in gaps in the TCPA, with new
TCPA Class Action Lawsuit Defense: A Primer Read More »
The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act (“TCPA”), it is common for someone else to have,
I Received a TCPA Subpoena. Now What? Read More »
In a substantial development in the world of daily fantasy sports law, a behemoth in the industry, FanDuel, has been named in a multi-state class action lawsuit involving its online sportsbook platform. The lawsuit alleges various state consumer protection law violations which, the plaintiff claims, resulted in sports bettors being induced into risky wagers that
Daily Fantasy Sports Law News: Class Action Lawsuit Filed Against FanDuel Read More »
April 26, 2017 Last week, a putative deceptive advertising class action lawsuit was filed against Dallas-based online dating company Match Group, Inc. (“Match”) in connection with certain premium paid features available on Match’s OkCupid platform. What is the nature of the claims against Match?
OkCupid Hit with Deceptive Advertising Class Action Lawsuit Read More »
November 17, 2016 On November 10, 2016, the United States District Court for the Southern District of New York issued an order preliminarily approving a $1.1 million settlement of a class action brought under the Telephone Consumer Protection Act (“TCPA”). The TCPA class action was commenced by Stewart Abramson against Alpha Gas and Electric, LLC
Alpha Gas and Electric Settles TCPA Class Action for $1.1 Million Read More »
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