FCC

All the Court’s a TCPA Stage: T-Mobile Gets Another Big TCPA Win

Last week, the United States Court of Appeals for the Second Circuit affirmed the Eastern District of New York’s decision dismissing an action brought against T-Mobile under the Telephone Consumer Protection Act (“TCPA”) due to a binding arbitration clause contained in the parties’ contract. To Arbitrate or Not? That is the Question. The plaintiff, Teddy […]

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Consumers Could Recover Damages under the TCPA, Even If Valid Consent Is Obtained

Last month, a federal court in Seattle confirmed that consumers may sue for damages under the Telephone Consumer Protection Act (“TCPA”) even if they consented to receiving autodialed and/or pre-recorded telephone calls on their mobile phones.  Despite the fact that the TCPA is silent as to whether a consumer may revoke his/her consent under the

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New TCPA Petitions May Be More Good News for Telemarketers

The Federal Communication Commission (“FCC”) announced late last week that it is seeking public comment on petitions that call into question certain provisions of the new Telephone Consumer Protection Act (“TCPA”) regulations, which went into effect on October 16th, 2013. The TCPA Generally The TCPA regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers and/or pre-recorded

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Are You Ready For The New TCPA Rules?

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

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New TCPA Regulations Effective Today . . . Will the Government Shutdown Affect Enforcement?

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

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tcpa class action lawsuit

How to Defend a TCPA Class Action Lawsuit

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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DirecTV Named in Multi-Million Dollar Class-Action TCPA Lawsuit

In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines.  By various accounts, TCPA lawsuits are up 40-60% in 2013, compared to the same period in 2012, and there appears to be no signs of this trend slowing any time soon. DirecTV TCPA Lawsuit On September 5, 2013, a TCPA lawsuit was

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