Businesses conducting outbound marketing through use of text messages, phone calls, voicemail drops, and fax advertisements must regularly evaluate whether their telemarketing practices comply with applicable law. Should a business run afoul of telemarketing regulations, the expenses can add up quickly, with penalties of $500 per call/text and up to $1,500 per call/text for willful […]
Does Your Business Need a TCPA Opinion Letter? Read More »
You have just been served with a complaint that alleges that your company violated the Telephone Consumer Protection Act (“TCPA”). The Complaint alleges that a large number of people suffered from a similar violation and that a class action is the appropriate way to adjudicate the matter. What do you do now? There is one
A Beginner’s Guide to TCPA Litigation Defense Read More »
The beginning of a new year is always an appropriate time to set goals for the months ahead. This is especially true for businesses that want to improve upon their telemarketing practices from a Telephone Consumer Protection Act (“TCPA”) perspective. There is no time like the present, given that 2021 should be another monumental year
As its name suggests, the Telephone Consumer Protection Act of 1991 (“TCPA”) was drafted, debated, passed, and signed into law well before cell phones became ubiquitous. It is, therefore, unsurprising that the statutory language of the TCPA does not expressly state whether the law applies to text messages. This was a subject of great interest
Does the TCPA Apply to Text Messages? Read More »
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 »
The United States Court of Appeals for the Third Circuit recently upended the legal landscape governing fax marketing by issuing a decision which held that a market research-related fax survey is an advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). What are the implications of the Third Circuit’s fax survey decision?
Court Finds Fax Survey is TCPA Advertisement 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 »
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