tcpa attorney Archives - Klein Moynihan Turco

TCPA Law: Why You Need a Telemarketing Attorney More Than Ever

In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers from uninvited telemarketing. Over the last 30 years, what constitutes TCPA law has become a patchwork of statutes, regulations, and judicial decisions, largely the result of regulators and courts trying […]

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Defending TCPA Litigation

Blog, Telemarketing Law / David Klein

Telemarketing and text message marketing can serve as an effective and economical means to engage with prospective and current customers. However, lawsuits alleging violation of the main federal statute governing these forms of marketing, the Telephone Consumer Protection Act (“TCPA”), have exploded in recent years. The financial exposure associated with TCPA litigation can be substantial.

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TCPA Suit Stayed Pending Decision by United States Supreme Court

Blog, Telemarketing Law / David Klein

A district court for Maryland recently issued a stay in a class action lawsuit involving alleged violations of the Telephone Consumer Protection Act (“TCPA”) in anticipation of a decision from the United States Supreme Court in Barr v. American Association of Political Consultants, Inc.. The pending ruling in that case, which concerns a challenge to

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SMS Text Messages and the TCPA- Klein Moynihan Turco LLP

Second Circuit Decision Deepens TCPA Law Split

Blog, Telemarketing Law / David Klein

The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope of equipment that courts deem

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TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit

Blog, Telemarketing Law / David Klein

A California-based marijuana delivery company, Eaze Technologies, Inc. formerly known as Eaze Solutions, Inc. (“Eaze”), is seeking to have Telephone Consumer Protection Act (“TCPA”) violation claims against it sent from federal district court to arbitration. If Eaze obtains a ruling in its favor, it would follow a nationwide trend in TCPA law involving courts enforcing

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What is an Opt-Out Request Under TCPA Law?

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

On November 1, 2019, Capital One Services, LLC (“Capital One”), filed a Petition for a Declaratory Ruling with the Federal Communications Commission (“FCC”) to determine whether it may send, without violating the Telephone Consumer Privacy Act (“TCPA”), one-time text messages to clarify the scope of ambiguous opt-out requests that it periodically receives from its customers.

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Another TCPA Case is Challenged as to the Sufficiency of its Allegations

Blog, Journal, Telemarketing Law / David Klein

August 24, 2018 On July 26, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed by Plaintiff Derrick Thomas (“Thomas”) in the United States District Court for the Southern District of Florida against Defendant Peterson’s Harley Davidson of Miami, LLC (“Peterson’s”). In his TCPA case, Thomas alleges that Peterson’s sent five promotional

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TCPA Law – The Evolving Definition of ATDS

Blog, Journal, Telemarketing Law / David Klein

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). This TCPA law action was filed by Kevin A. Gary (“Plaintiff”)

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