tcpa lawyer Archives - Klein Moynihan Turco

TCPA Law: Why You Need a Telemarketing Attorney More Than Ever

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 […]

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TCPA Consent Issues Defeat Class Certification

Blog, Telemarketing Law / David Klein

Obtaining prior express written consent is the fundamental requirement for any telemarketer that wants to avoid violating the Telephone Consumer Protection Act (“TCPA”). In most instances, TCPA consent is a general prerequisite for contacting consumers with advertisements either by placing calls or by sending text messages using automated means. Valid consent is comprised of several

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The Complete (Almost) TCPA Compliance Checklist for Telemarketers

Blog, Telemarketing Law / David Klein

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

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No Early Dismissal in post-TCPA Facebook Case

Blog, Telemarketing Law / David Klein

Recently, a Missouri federal court analyzed how the United States Supreme Court decision in Facebook v. Duguid (“Facebook”) interprets the Telephone Consumer Protection Act (“TCPA”). In the aftermath of the TCPA Facebook decision, the Missouri court (the “Court”) in Miles v. Medicredit, Inc. addressed whether Miles’s TCPA autodialer claims could survive early scrutiny. The Court

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Court Clarifies What a TCPA Number Generator Is

Blog, Telemarketing Law / David Klein

A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act (“TCPA”) contains a narrow definition of “autodialer.” Undermining a favorite argument used by TCPA plaintiffs, the Court in Hufnus v. DoNotPay, Inc. found that, to qualify as an autodialer, dialing equipment must use a random or sequential

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Does Soundboard Technology Comply with TCPA and TSR

TCPA Footnote 7 Cannot Save Autodialer Claims

Blog, Telemarketing Law / David Klein

In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer Protection Act (TCPA”). In that decision, largely a win for the telemarketing industry, the Supreme Court included a TCPA footnote (also referred to as Footnote 7) that addressed a linguistic

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No Arbitration Without Clear and Enforceable TCPA Terms

Blog, Telemarketing Law / David Klein

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

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TCPA autodialer- Klein Moynihan Turco LLP

Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims

Blog, Telemarketing Law / David Klein

In April, the U.S. Supreme Court settled the question of what qualifies as an autodialer (also called an automatic telephone dialing system) under the Telephone Consumer Protection Act (“TCPA”) in its decision in Facebook v. Duguid. The Court ultimately held that a TCPA autodialer must use a random or sequential number generator to store phone

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