TCPA text

Does the TCPA Apply to Text Messages?

December 14, 2020 by 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 in recent oral arguments before the United States Supreme Court (“SCOTUS”) in Facebook v. Duguid (“Facebook”). In Facebook, several of SCOTUS’s textualist Justices wondered aloud whether the TCPA could or should apply to text messages, when the statute does not even mention them.

What was the Crux of the Justices’ Questions?

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NJ Dance Club Fights TCPA Text Message Lawsuit

October 3, 2019 by 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 defendant D’Jais, LLC (“D’Jais”), a Jersey shore nightclub, used an ATDS to send him numerous text message advertisements without his consent. D’Jais moved to dismiss the amended complaint, arguing that the plaintiff failed to plead that the subject text messages were sent using an ATDS. After a thorough review of Third Circuit precedent, the Court denied the motion to dismiss the TCPA text message lawsuit.

What constitutes an ATDS under the TCPA?

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Florida Spa Involved in “Nasty” TCPA Text Message Lawsuit

August 12, 2019 by 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 Inc., Case No. 1:19-cv-23028-DPG.

What led to this TCPA text message lawsuit? [Read More]

TCPA Text Message Lawsuit

May 17, 2019 by 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”). Plaintiff is seeking statutory damages and injunctive relief, on her own behalf and that of a class of similarly situated individuals. The case is pending in the Southern District of Florida, Case Number: 19-cv-61219.

What were Plaintiff’s Text Message Lawsuit Allegations?[Read More]

Florida Spa Involved in TCPA Text Messaging Lawsuit

January 30, 2019 by 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 v. MedSpa Del Mar, LLC, Case No. 4:19-cv-10015-KMM.

What was the basis for bringing this TCPA text messaging lawsuit?

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Night Club Accused of TCPA Text Messaging Violations

January 14, 2019 by 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 (“TCPA”). This TCPA text messaging case was commenced on January 8, 2019 and remains in the pleading stages of the proceedings.

What were the practices that gave rise to the claims of TCPA text messaging violations?

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