August 2, 2019 On July 24, 2019, the House of Representatives unanimously passed the Stopping Bad Robocalls Act (the “Act”) by a vote of 429 to 3. The measure, which was originally introduced by Congressman Frank Pallone, Jr. (D-NJ), is crafted to modernize telemarketing restrictions and the use of automated telephone equipment as codified under […]
May 31, 2019 In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act (“TCPA”) violation claims even where the defendants were able to demonstrate that the plaintiff had provided TCPA consent. For what reason were the claims not dismissed
Court Limits the Scope of TCPA Consent Read More »
February 21, 2019 In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”). The class certification motion brings the TCPA case to a seminal inflection point
Class Certification Sought in TCPA Case Read More »
January 14, 2019 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub. The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act
Night Club Accused of TCPA Text Messaging Violations Read More »
January 2, 2019 The number of Telephone Consumer Protect Act (“TCPA”) lawsuits filed each year is staggering. Given the prospect of crippling financial exposure that TCPA litigation presents, formulating a sound approach to both prevent and defend these actions must be an active and ongoing part of the business strategy of any company that contacts
Defending TCPA Litigation Read More »
November 21, 2018 On November 14, 2018, the Federal Communications Commission (“FCC”) issued an order (“2018 Order”) formally eliminating the requirement that opt-out notices must be included on faxes sent with the recipients’ prior consent pursuant to the Telephone Consumer Protection Act (“TCPA”). The FCC’s new TCPA law guidance appears to be in direct response
TCPA Law – FCC Eliminates Opt-Out Notice Requirement for Solicited Faxes Read More »
October 12, 2018 A lawsuit in the United States District Court for the Southern District of Florida involving allegations of widespread text messaging-related violations of the Telephone Consumer Protection Act (“TCPA”) was recently settled. Because of the nature and commonality of the marketing practices at issue, this TCPA litigation ultimately settled on a class-wide basis.
Nationwide TCPA Litigation Settles Read More »
August 31, 2018 Last week, a group of healthcare companies sent a letter to the Federal Communications Commission (“FCC”) seeking clarification regarding how healthcare communications are treated under the Telephone Consumer Protection Act (“TCPA”). Specifically, the letter urged the FCC to rule on a joint petition filed on July 28, 2016, by the American Association
TCPA Healthcare Companies Seek Ruling on Joint Petition Filed in 2016 Read More »
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