tcpa lawyer

SMS Text Messages and the TCPA- Klein Moynihan Turco LLP

Second Circuit Decision Deepens TCPA Law Split

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 […]

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TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit

TCPA Law Update: Marijuana Delivery Venture Seeks Arbitration of TCPA Class Action Suit

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

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Supreme Court Denies Cert. in TCPA Ad Case

On November 25, 2019, the Supreme Court of the United States denied plaintiff’s petition for certiorari, thereby upholding a decision by the Third Circuit Court of Appeals (the “Court” or “Third Circuit”) which held that an unsolicited fax sent to update a company’s database was not an advertisement within the meaning of the Telephone Consumer

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What is An Opt-Out Request Under TCPA Law? - Klein Moynihan Turco LLP

What is an Opt-Out Request Under TCPA Law?

On November 1, 2019, Capital One Services, LLC (“Capital One”), filed a Petition for a Declaratory Ruling with the Federal Communications Commission (“FCC”) to determine whether it may send, without violating the Telephone Consumer Privacy Act (“TCPA”), one-time text messages to clarify the scope of ambiguous opt-out requests that it periodically receives from its customers.

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Supreme Court Presented with TCPA Fax Issue

October 11, 2019 The United States Supreme Court (“SCOTUS” or the “Court”) recently began its new term and immediately issued an order involving the Telephone Consumer Protection Act (“TCPA”).  Fast on the heels of a recent decision at the end of the last term in which the Court was presented with a dispute over the

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Class Certification Sought in TCPA Case

February 21, 2019 In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”).   The class certification motion brings the TCPA case to a seminal inflection point

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Night Club Accused of TCPA Text Messaging Violations

January 14, 2019 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub.  The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act

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