As readers of this blog know, the Telephone Consumer Protection Act (“TCPA”) was originally passed into law in 1991. At the time, cell phones were rare and text messaging did not yet exist. With the widespread use of cell phones and the ability to send text messages, the number of TCPA-related cases exploded. Each year, […]
TCPA Lawsuits Continue into 2023 Read More »
In the early ‘90s, Congress passed the Telephone Consumer Protection Act (“TCPA”) to restrict certain telemarketing activities. The TCPA’s essential purpose is to protect consumers from uninvited telemarketing. Over the last 30 years, what constitutes TCPA law has become a patchwork of statutes, regulations, and judicial decisions, largely the result of regulators and courts trying
TCPA Law: Why You Need a Telemarketing Attorney More Than Ever Read More »
The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. Congress and regulators cannot seem to keep up with new technology and new marketing methods, making the TCPA more patchwork quilt than finished product. Recent court decisions have had to fill in gaps in the TCPA, with new
TCPA Class Action Lawsuit Defense: A Primer Read More »
Telemarketing is sometimes misunderstood, oversimplified, and even viewed negatively. There is much more to it than the unexpected call you get from a strange number while you’re trying to enjoy dinner. Reaching out to consumers using the phone is often an essential tool for most businesses. Getting the consumer on a phone call to respond
The Complete (Almost) TCPA Compliance Checklist for Telemarketers Read More »
Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to digital marketing, TCPA terms became a crucial component of the formation of a contract between consumers and telemarketers. The Second Circuit Court of Appeals addressed a tricky aspect of this
No Arbitration Without Clear and Enforceable TCPA Terms Read More »
Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”). TCPA standing requires that a plaintiff allege a concrete injury beyond just a pure statutory violation. The question raised by a recent opinion from the Fifth Circuit Court of Appeals
Split Decision: 5th and 11th Circuits Diverge on TCPA Standing Read More »
On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have
BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case Read More »
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,
TCPA Vicarious Liability: It is About Control Read More »
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