In a landmark decision that could have widespread and significant implications, the United States District Court for the Eastern District of Louisiana has ruled that the Telephone Consumer Protection Act (“TCPA”) was unconstitutional from 2015 to 2020. In doing so, the Court vacated claims that TCPA law had been violated in connection with calls received […]
TCPA Law Ruled Unconstitutional Read More »
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 »
Telemarketing and text message marketing can serve as an effective and economical means to engage with prospective and current customers. However, lawsuits alleging violation of the main federal statute governing these forms of marketing, the Telephone Consumer Protection Act (“TCPA”), have exploded in recent years. The financial exposure associated with TCPA litigation can be substantial.
Defending TCPA Litigation 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 »
The United States Court of Appeals for the Second Circuit recently issued a decision with far reaching Telephone Consumer Protection Act (“TCPA”) implications. Specifically, the Second Circuit’s decision interpreting what constitutes an automatic telephone dialing system (“ATDS”) for TCPA law purposes bucks a recent trend that had narrowed the scope of equipment that courts deem
Second Circuit Decision Deepens TCPA Law Split 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 »
October 3, 2019 On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that
NJ Dance Club Fights TCPA Text Message Lawsuit Read More »
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