prior express consent

TCPA Liability: Clickwrap v. Browsewrap

How to Navigate TCPA Liability on Your Website: Clickwrap v. Browsewrap.

The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls, faxes, and text messaging. Businesses that violate TCPA regulations may face lawsuits brought by unhappy consumers. These can get extremely expensive in the case of class actions, which often involve thousands of consumers and multiple violations. To safeguard your […]

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Wyndham Faces Class Action TCPA Lawsuit

June 26, 2015 On June 8, a class action lawsuit was filed in the United States District Court for the Central District of California alleging that Wyndham Vacation Resorts, Inc. (“Wyndham”) violated the Telephone Consumer Protection Act (“TCPA”). In the action, the plaintiff alleges that Wyndham “placed multiple calls in a single day to Plaintiff’s

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Wait – I Got Prior Express Written Consent to Call! I May Still be Violating the TCPA?

So you think you know the Telephone Consumer Protection Act (“TCPA”) inside and out – and you have put all of the pieces in place to comply with its regulations.  You ensure that you – and any company working on your behalf – have prior express written consent before placing marketing calls to consumers’ landline

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California Court Defines “Prior Express Consent” under the TCPA

A United States District Court for the Central District of California recently ruled that a plaintiff who provided her telephone number to purchase an airline ticket gave “prior express consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”) to be contacted by or on behalf of the airline.  The action involved an airline

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