tcpa law

TCPA autodialer- Klein Moynihan Turco LLP

Telemarketing Consent Invalidates TCPA Complaints

Consumers often complain about being on the receiving end of telemarketing calls and/or text messages. However, what they do not mention in their complaints the critical fact that they are only on the receiving end of such calls and text messages because they willingly and voluntarily provided consent to receive them in accordance with the Telephone Consumer Protection Act (“TCPA”). The following are common complaints alleged by plaintiffs in TCPA […]

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TCPA lawsuit

TCPA Lawsuits Continue to Mount Throughout the Country

Connor v. First Choice Media LLC, et al.,  On April 10, 2023, Mr. Jay Connor, a pro seplaintiff, filed a Telephone Consumer Protection Act (“TCPA”) lawsuit against First Choice Media LLC, et al., in the United States District Court for the District of South Carolina. Pro se plaintiffs are individuals who choose to represent themselves

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litigation

Recent Court Decision Examines Multiple Aspects of TCPA Litigation

Last month, a magistrate judge for the United States District Court for the Southern District of Florida issued an informative report and recommendation in Zononi v. CHW Grp., Inc (“CHW”). Plaintiff sued CHW for allegedly sending him multiple commercial text messages without his consent. Plaintiff alleges that these text messages violated both the Telephone Consumer

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tcpa requirements

New TCPA Requirements for Non-Marketing Calls

On January 20, 2023, the Federal Communications Commission (“FCC”) announced the implementation of new rules governing non-marketing calls. The new rules were implemented pursuant to the Telephone Consumer Protect Act (“TCPA”) Exemptions Order published on February 25, 2021. The TCPA protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. Traditionally, the

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TCPA text

TCPA Text Lawsuits: Does a Single Text Message Confer TCPA Standing? 

On March 13, 2023, the Eleventh Circuit Court of Appeals agreed to rehear the issue of whether a single unsolicited text message confers standing under the Telephone Consumer Protection Act (“TCPA”). This is an important issue for all TCPA text message lawsuit defendants. As background, Plaintiffs filed this class action lawsuit in the Southern District

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