FCC Archives - Page 6 of 7 - Klein Moynihan Turco

Putative TCPA Class Action Lawsuit Against GE Sent to Arbitration

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

On August 2, 2012, General Electric Capital Corporation (“GE”) was sued in California Federal Court for allegedly violating the Telephone Consumer Protection Act (“TCPA”). Exactly one year later, on August 2, 2013, the court stayed the action and directed the plaintiff to participate in arbitration to resolve her individual TCPA claims against GE. Background of […]

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Bank of America Sued in Putative Class Action Lawsuit for Alleged TCPA Violations

Leave a Comment / Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

On June 20, 2013, Bank of America (“BOA”) was sued for allegedly violating the Telephone Consumer Protection Act (“TCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). Factual Allegations According to the Class Action Complaint, the background of this action is premised on a separate action between the parties. The plaintiff, Marc Katz (“Katz”), had

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Will the New TCPA Amendments Apply Only to Cell Phones?

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

Readers of this blog should be aware that the Federal Communications Commission (“FCC”) has approved amendments to the Telephone Consumer Protection Act (“TCPA”), which will go into effect on October 16, 2013. The TCPA amendments require telemarketers to obtain prior express written consent from consumers before placing or sending autodialed and/or pre-recorded marketing calls/texts to

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Court Limits Reach of TCPA?

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

As stated on this blog, the Telephone Consumer Protection Act (“TCPA”) was passed into law in 1991 and empowers the Federal Communications Commission (“FCC”) to issue rules and regulations regarding unsolicited telemarketing calls, texts, faxes, pre-recorded calls and autodialed calls. Furthermore, the TCPA allows for private rights of action, which has resulted in several high profile

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TCPA Class Action Against Redbox Dismissed

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

On June 20, 2013, the United States District Court for the Southern District of California dismissed a putative TCPA class action that had been filed against Redbox Automated Retail, LLC (“Redbox”). TCPA Class Action Facts and Analysis The Redbox plaintiffs alleged that they each received a text message from Redbox, to which they responded “STOP.”

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Papa John’s To Pay $16.335 Million To Settle TCPA Class Action

3 Comments / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines. By various accounts, TCPA filings are up 40-60% in 2013, compared to the same period in 2012. Papa John’s TCPA Settlement On May 17, 2013, Papa John’s delivered the latest headline, agreeing to pay up to $16.335 million to settle a

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Recent TCPA Case Is a Cautionary Tale for Telemarketers

1 Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

The Telephone Consumer Protection Act (TCPA), which allows individuals to file lawsuits and collect damages for receiving certain unsolicited commercial text messages, faxes, pre-recorded calls or autodialed calls, has made headlines again. The Federal Court for the Western District of Wisconsin recently ruled that a defendant may be held liable for violating the TCPA, even

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How to Obtain Consumer Consent under the TCPA

1 Comment / Blog, Journal, Telemarketing Law / David Klein

If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants. In this post, we address the consent requirements for robocalls and

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