November 30, 2016 The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material. Fax advertisements, however, can offer substantial benefits to marketers in terms of cost advantages relative to the potential reach […]
Fax Marketing and the TCPA Read More »
July 1, 2016 Plaintiffs in the junk fax class action pending against Sanofi Pasteur, Inc. and Vaxserve, Inc. (collectively, “Defendants”) filed a motion seeking class certification on Tuesday. The class action concerns over 11 million fax advertisements sent on behalf of Defendants to individuals and companies advertising Defendants’ pharmaceutical products. The motion follows at least
TCPA Class Certification Sought in Junk Fax Action Read More »
March 23, 2016 On March 21, 2016, the United States Court of Appeals for the Seventh Circuit affirmed a trial court ruling that found a principal of a small Indiana company liable for some, but not all, of its marketing company’s violations of the Telephone Consumer Protection Act (“TCPA”). The principal, Jerry Clark (“Clark”), owns
Seventh Circuit Limits Agency Liability in TCPA Class Action Read More »
February 2, 2016 On January 27, 2016, a putative class action lawsuit was filed against a number of insurers, including Banner Life Insurance Company and William Penn Life Insurance Company of New York (collectively, the “Insurers”), alleging that they had violated federal and New Jersey State junk-fax laws. Specifically, the plaintiff asserts claims pursuant to
Insurer Faces TCPA Class Action for Allegedly Violating Junk Fax Provisions Read More »
January 15, 2016 Last Monday, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations. When do TCPA regulations apply to broadcasters of third-party text messages?
FCC: No Guaranteed TCPA Exemption for Text Broadcasters Read More »
December 4, 2015 Last Tuesday, the Federal Communications Commission (the “FCC” or “Commission”) announced that it is seeking public comment on whether Internet faxes that are both sent and received digitally should be governed by the Telephone Consumer Protection Act (the “TCPA”) or the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
FCC Could Exempt Certain Internet Faxes from TCPA Regulation Read More »
November 17, 2015 On November 12, 2015, the United States District Court for the Northern District of Illinois denied Cirque du Soleil’s (“Cirque”) motion to dismiss a pending class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). Cirque argued that the class action, which was commenced
Cirque du Soleil Can’t Escape Junk Fax Class Action Read More »
November 13, 2015 Yesterday, the Court in Pines Nursing Home, Inc. v. PharMerica Corporation heard both parties seeking court approval of a TCPA class action settlement agreement. The case involves allegations by Pine Nursing Home, Inc. (“Pine”) that PharMerica Corporation (“PharMerica”) used a telecopier machine, computer or other device to send advertisements to telephone facsimile
PharMerica Seeks Court Approval for TCPA Class Action Settlement Read More »
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