TCPA text Archives - Klein Moynihan Turco

TCPA Text Lawsuits: Does a Single Text Message Confer TCPA Standing?

On March 13, 2023, the Eleventh Circuit Court of Appeals agreed to rehear the issue of whether a single unsolicited text message confers standing under the Telephone Consumer Protection Act (“TCPA”). This is an important issue for all TCPA text message lawsuit defendants. As background, Plaintiffs filed this class action lawsuit in the Southern District […]

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TCPA Text Class Action Against Wolf of Wall Street Dismissed

Blog, Telemarketing Law / David Klein

On December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v. Global Motivation, Inc. and Jordan Belfort.This class action complaint alleged that Jordan Belfort a.k.a. “The Wolf of Wall Street,” and his company, Global Motivation, Inc (“GMI”), had sent marketing communications

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Does the TCPA Apply to Text Messages?

Blog, Telemarketing Law / David Klein

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

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NJ Dance Club Fights TCPA Text Message Lawsuit

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

October 3, 2019 On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that

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Florida Spa Involved in “Nasty” TCPA Text Message Lawsuit

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

August 12, 2019 On July 22, 2019, Amanda Defranks (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against clothing retailer, nastygal.com USA Inc. (“nastygal.com”). The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Amanda Defranks v. nastygal.com USA

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TCPA Text Message Lawsuit

Blog, Journal, Telemarketing Law / David Klein

This week, an Illinois woman filed a putative class action lawsuit in federal district court in the State of Florida against Ranieri Law LLC (“Ranieri”), a credit repair services company. The plaintiff, Nanci Rowe (“Plaintiff”), alleged that Ranieri sent unsolicited text messages to her cellular telephone in violation of the Telephone Consumer Protection Act (“TCPA”).

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Florida Spa Involved in TCPA Text Messaging Lawsuit

Blog, Journal, Telemarketing Law / David Klein

January 30, 2019 On January 22, 2019, Carol Mazzariol (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against medical spa company, MedSpa Del Mar, LLC (“MedSpa”). The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Carol N. Mazzariol

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Night Club Accused of TCPA Text Messaging Violations

Blog, Journal, Telemarketing Law / David Klein

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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