tcpa lawyer Archives - Page 4 of 5 - Klein Moynihan Turco

TCPA Law – FCC Eliminates Opt-Out Notice Requirement for Solicited Faxes

November 21, 2018 On November 14, 2018, the Federal Communications Commission (“FCC”) issued an order (“2018 Order”) formally eliminating the requirement that opt-out notices must be included on faxes sent with the recipients’ prior consent pursuant to the Telephone Consumer Protection Act (“TCPA”). The FCC’s new TCPA law guidance appears to be in direct response […]

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Nationwide TCPA Litigation Settles

Blog, Journal, Telemarketing Law / David Klein

October 12, 2018 A lawsuit in the United States District Court for the Southern District of Florida involving allegations of widespread text messaging-related violations of the Telephone Consumer Protection Act (“TCPA”) was recently settled. Because of the nature and commonality of the marketing practices at issue, this TCPA litigation ultimately settled on a class-wide basis.

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TCPA Consent – A Cautionary Tale

Blog, Internet Law, Journal / David Klein

September 18, 2018 On September 5, 2018, the United States District Court for Colorado granted a motion permitting All Web Leads, Inc. (“All Web”) to intervene in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed by Plaintiff Jennifer Turner (“Turner”) against Defendant Efinancial, LLC (“Efinancial”). In her TCPA case, Turner alleges that Efinancial

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TCPA Lawsuit “Hits” the Diamond

Blog, Journal, Telemarketing Law / David Klein

September 17, 2018 On September 11, 2018, Chad Fernandez (“Plaintiff”) “hit” Tampa Bay Rays Baseball Ltd. (“Tampa Bay Rays”) with a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit in Florida federal court. In his TCPA lawsuit, Plaintiff alleges that the Tampa Bay Rays sent four unsolicited text messages to his cellular telephone using

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Another TCPA Case is Challenged as to the Sufficiency of its Allegations

Blog, Journal, Telemarketing Law / David Klein

August 24, 2018 On July 26, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed by Plaintiff Derrick Thomas (“Thomas”) in the United States District Court for the Southern District of Florida against Defendant Peterson’s Harley Davidson of Miami, LLC (“Peterson’s”). In his TCPA case, Thomas alleges that Peterson’s sent five promotional

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TCPA Law – The Evolving Definition of ATDS

Blog, Journal, Telemarketing Law / David Klein

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). This TCPA law action was filed by Kevin A. Gary (“Plaintiff”)

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Group of 14 Senators Seek Consumer-Friendly TCPA Law Protections in Letter to FCC

Blog, Data & Privacy Law, Internet Law, Journal, Telemarketing Law / David Klein

July 31, 2018 Last month, a group of 14 United States Senators from the Democratic Party sent a letter (the “Letter”) to the Federal Communications Commission (“FCC”) in response to two (2) FCC Public Notices seeking comments on a proposed rulemaking concerning certain provisions of the Telephone Consumer Protection Act (“TCPA”). The Letter urges the

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TCPA Class Action Fax Lawsuit

Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

January 5, 2018 On November 2, 2017, the United States District Court for the Northern District of Illinois (Leinenweber, J.) denied a motion to dismiss a class action fax lawsuit against Promologics, Inc. (d/b/a “Health-Scripts”), a healthcare company offering network opportunities, and Janssen Pharmaceuticals, Inc. (“Janssen”), a pharmaceutical company that markets a type 2 diabetes

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