TCPA class action

TCPA footnote 7

Duguid v. Facebook, Footnote 7: TCPA Landscape Significantly Altered by Ninth Circuit Decision

It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. Duguid. Since then, numerous courts have incorporated Facebook into their opinions, with variations in their interpretations. For many plaintiffs filing suit under the TCPA, Footnote 7 of the Facebook decision has provided them […]

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The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted advertising calls. Today, telemarketing has shifted its focus from phone calls to text messages. The Federal Communications Commission (“FCC”) has determined that a text message and a

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TCPA Consent Issues Defeat Class Certification

TCPA Consent Issues Defeat Class Certification

Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several

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TCPA

What Type of Fax is a TCPA Advertisement?

The Telephone Consumer Protection Act (“TCPA”) prohibits the sending of unsolicited commercial fax advertisements. Pursuant to the TCPA, companies cannot send advertisements via telecopier without a pre-existing business relationship or consent. The Second Circuit recently addressed the question of whether a fax to a doctor’s office inviting the doctor to a seminar sponsored by Merck

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TCPA Standing- KMT tcpa defense attorneys

Be Specific: TCPA Standing in the Eleventh Circuit

Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the door and stay there. One critical element is the plaintiff’s standing – specifically, whether the plaintiff suffered harm resulting from the defendant’s conduct. The Eleventh Circuit (federal courts in Florida,

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tcpa wrong number class action

TCPA Wrong Number Litigation: A Class Action Story

Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This is particularly relevant in the case of class action litigation, begging the question: can a class of wrong-number call/text recipients get certified? A recent decision by a federal district court

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TCPA Vicarious Liability: It is About Control

Recently, an Arizona federal district court dismissed Telephone Consumer Protection Act (“TCPA”) claims against a Florida-based cruise ship company. The Court based its decision on the plaintiff’s failure to prove that the cruise ship company either sent the allegedly offending text messages itself or had an agent send them on its behalf. This latter, agency-based,

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