On October 24, 2023, the Subcommittee on Communications, Media and Broadband, held a hearing titled “Protecting Americans from Robocalls.” The Senators from the Subcommittee questioned business representatives and consumers alike concerning the impact of receiving unwanted telemarketing calls. It was made clear at the hearing that the Federal Communications Commission (“FCC”) and the Department of […]
AI and TCPA Litigation Read More »
Last month, a magistrate judge for the United States District Court for the Southern District of Florida issued an informative report and recommendation in Zononi v. CHW Grp., Inc (“CHW”). Plaintiff sued CHW for allegedly sending him multiple commercial text messages without his consent. Plaintiff alleges that these text messages violated both the Telephone Consumer
Recent Court Decision Examines Multiple Aspects of TCPA Litigation Read More »
WHAT IS A TCPA SERIAL LITIGANT? Also known as repeat plaintiffs, these are individuals who have filed numerous lawsuits alleging violations of the Telephone Consumer Protection Act (‘TCPA”). They are located all across the country and sue in both state and federal courts. These parties are often self-proclaimed TCPA serial litigants and do not shy
Beware of TCPA Serial Litigants Read More »
As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability that stretch the meaning of the law. Consider one of the latest arguments: sending unsolicited text messages violates the TCPA’s prohibition on sending messages containing prerecorded voices. One plaintiff
Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim? Read More »
If you are a telemarketer, you have probably heard plenty of talk about the Telephone Consumer Protection Act (“TCPA”). The TCPA is a consumer protection statute passed in 1991 and designed to protect the public from certain telemarketing tactics. As is often the case, technology has advanced exponentially faster than the TCPA, putting the law
Successfully Navigating TCPA Litigation Read More »
On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones.
Consent To Call? Internet Leads and the Telephone Consumer Protection Act Read More »
On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones.
Protect Yourself From TCPA Litigation Read More »
The Federal Communications Commission (“FCC”) recently issued a declaratory ruling providing clarity on the scope of liability for fax advertisers under the Telephone Consumer Protection Act (“TCPA”). The FCC’s TCPA fax ruling responds to broad concerns that advertisers unjustly assume the liability for fax broadcasters that exceed the parameters of the terms of their marketing agreements. The
FCC Clarifies Scope of TCPA Fax Liability Read More »
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