Tooley v. Urban Outfitters, Inc. On September 15, 2022, Martin Tooley filed a lawsuit on behalf of himself and other similarly situated individuals against Urban Outfitters in the District Court for the Middle District of Florida. The Complaint alleges that from June 19, 2022 through June 30, 2022, the Defendant “bombarded” the Plaintiff with “numerous […]
TOOLEY: THE LATEST FTSA CLASS ACTION Read More »
In a recent Florida putative class action, Pariseau v. Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act (“TCPA”) as well as the Florida Telephone Solicitation Act (“FTSA”), by sending unsolicited text messages advertising a sweepstakes contest. Here, plaintiff claimed “never [to have] invited or consented to the text message” and had also
Florida TCPA Action Survives Motion to Dismiss Read More »
A Washington State District Court has denied Robinhood Financial LLC’s (“Robinhood”) motion to dismiss a class action text lawsuit. Robinhood, a cellphone-based brokerage application, became a household name in early 2021, as a result of the small retail investor movement. One method that Robinhood uses to acquire new users is by encouraging existing users to
The Pursuit of Robinhood Continues as Court Keeps Text Lawsuit Alive Read More »
As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability that stretch the meaning of the law. Consider one of the latest arguments: sending unsolicited text messages violates the TCPA’s prohibition on sending messages containing prerecorded voices. One plaintiff
Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim? Read More »
One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms include (or should include) a mandatory arbitration clause with a class action waiver, useful protections against a potentially devastating TCPA lawsuit. But the process for obtaining agreement to the Terms
New TCPA Arbitration Decision Provides Roadmap to Enforcement Read More »
In yet another fraudulent scheme targeting the elderly and vulnerable, two men recently pleaded guilty to running an international telemarketing sweepstakes campaign that defrauded its victims of more than $9 million. According to a Department of Justice (“DOJ”) press release, from a call center in Costa Rica, the criminals used what is known as Voice-over-IP
DOJ Announces International Telemarketing Sweepstakes Fraud Scheme Read More »
About a year ago, the Florida Telephone Solicitation Act (“FTSA”) went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the Telephone Consumer Protection Act (“TCPA”) and created a state-based avenue for telemarketing litigation. Over the last year, FTSA lawsuits have changed the telemarketing landscape in Florida. The FTSA even inspired
Are FTSA Lawsuits Here to Stay? Read More »
Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a year ago, this landmark case settled a circuit split about what features dialing equipment must have to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”). Despite the
Third Circuit Decision Broadens TCPA Autodialer Definition? Read More »
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