Those operating in the telemarketing space likely know of Craig Cunningham, a prolific filer of Telephone Consumer Protection Act (“TCPA”) lawsuits. The sheer number of Cunningham TCPA cases brought in recent years has inevitably led to decisions that make law, some good and some bad insofar as the industry is concerned. Recently, he prevailed in […]
Missed Call Leads to Craig Cunningham TCPA Victory Read More »
On June 30, 2020, Judge John Sinatra of the United States District Court for the Western District of New York (the “Court”), in Gerrard v. Acara Solutions Inc. (18-cv-1041-JLS-LFG), held that certain text messages alerting plaintiff to a potential employment opportunity were not advertisements and, therefore, did not violate the Telephone Consumer Privacy Act (“TCPA”)
Job Opportunity TCPA Lawsuit Dismissed Read More »
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
TCPA Suit Stayed Pending Decision by United States Supreme Court Read More »
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
TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit Read More »
December 10th, 2019 The US House of Representatives recently passed the “Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act,” or “TRACED Act.” If written into law, the TRACED Act would implement a number of changes to the TCPA landscape, such as the creation of a new Interagency Working Group and new anti-spoofing requirements. Most
TRACED Act Contains New TCPA Penalties Read More »
October 23, 2018 A nationwide class action lawsuit involving the receipt of SMS text messages that were allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”) was recent filed against Las Vegas’ Treasure Island hotel. This SMS TCPA class action involves Treasure Island’s use of a virtual concierge service. What were the practices
Las Vegas Hotel’s Use of Artificial Intelligence Leads to SMS TCPA Class Action Read More »
April 18, 2017 Last week, Wells Fargo Bank, N.A. (“Wells Fargo”) successfully resolved a “junk fax” Telephone Consumer Protection Act (“TCPA”) class action with an accepted offer of judgment that satisfied both the named plaintiff and the court. Incredibly, Wells Fargo will only pay a total of $7,500 to resolve the TCPA class action. Courts
Wells Fargo Resolves TCPA Class Action Read More »
January 21, 2016 This week, the United States Supreme Court (“SCOTUS”) quietly released a landmark decision in a class action lawsuit involving allegations of Telephone Consumer Protection Act (“TCPA) violations. In a 6-3 decision, SCOTUS ruled that defendants cannot rely on unaccepted settlement offers for full relief to a named plaintiff, or offers of judgment
U.S. Supreme Court Makes Monumental Ruling in TCPA Class Action Lawsuit Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising