tcpa litigation

tcpa

Consent To Call? Internet Leads and the Telephone Consumer Protection Act

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 »

tcpa fax

FCC Clarifies Scope of TCPA Fax Liability

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 »

tcpa litigation

Defending TCPA Litigation

Telemarketing and text message marketing can serve as an effective and economical means to engage with prospective and current customers.  However, lawsuits alleging violation of the main federal statute governing these forms of marketing, the Telephone Consumer Protection Act (“TCPA”), have exploded in recent years. The financial exposure associated with TCPA litigation can be substantial.  …

Defending TCPA Litigation Read More »

TCPA Litigation – Revocation of Consent is Tantamount to Never Having Provided Consent

March 26, 2019 On November 8, 2018, Plaintiff John Geraci (“Geraci”) commenced a Telephone Consumer Protection Act (“TCPA”) lawsuit in the United States District Court of New Jersey. The named defendant in the TCPA litigation is Red Robin International (“Red Robin”), which operates the chain of Red Robin Gourmet Burgers and Brews casual dining restaurants. …

TCPA Litigation – Revocation of Consent is Tantamount to Never Having Provided Consent Read More »

Nationwide TCPA Litigation Settles

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. …

Nationwide TCPA Litigation Settles Read More »

Domino’s Pizza and Mobile Marketer Face TCPA Class Action

December 5, 2014 On November 30, 2014, a class action complaint was filed in the United States District Court for the Southern District of Florida against Domino’s Pizza, LLC (“Domino’s”) and mobile marketer MoGreet, Inc. (“MoGreet”) alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Domino’s and MoGreet violated the …

Domino’s Pizza and Mobile Marketer Face TCPA Class Action Read More »