TCPA Archives - Page 24 of 59 - Klein Moynihan Turco

Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim?

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 […]

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New TCPA Arbitration Decision Provides Roadmap to Enforcement

Blog, Telemarketing Law / David Klein

One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms include (or should include) a mandatory arbitration clause with a class action waiver, useful protections against a potentially devastating TCPA lawsuit. But the process for obtaining agreement to the Terms

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DOJ Announces International Telemarketing Sweepstakes Fraud Scheme

Blog, Sweepstakes & Gaming Law, Telemarketing Law / David Klein

In yet another fraudulent scheme targeting the elderly and vulnerable, two men recently pleaded guilty to running an international telemarketing sweepstakes campaign that defrauded its victims of more than $9 million. According to a Department of Justice (“DOJ”) press release, from a call center in Costa Rica, the criminals used what is known as Voice-over-IP

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Are FTSA Lawsuits Here to Stay?

Blog, Telemarketing Law / David Klein

About a year ago, the Florida Telephone Solicitation Act (“FTSA”) went into effect. The law imposed additional restrictions on telemarketing beyond those contained in the Telephone Consumer Protection Act (“TCPA”) and created a state-based avenue for telemarketing litigation. Over the last year, FTSA lawsuits have changed the telemarketing landscape in Florida. The FTSA even inspired

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Third Circuit Decision Broadens TCPA Autodialer Definition?

Blog, Telemarketing Law / David Klein

Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a year ago, this landmark case settled a circuit split about what features dialing equipment must have to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”). Despite the

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Trusted Form Wiretap Case Sows TCPA Confusion

Blog, Telemarketing Law / David Klein

For telemarketers, having valid prior express written consent to contact marketing leads is essential for avoiding lawsuits and liability under the Telephone Consumer Protection Act (“TCPA”). That need spawned the creation of services that record a consumer’s interactions with a given website’s consent flow in real time. One such company is ActiveProspect, offering a widely-used

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Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing

Blog, Telemarketing Law / David Klein

Many businesses have felt the panic and frustration of getting sued for violating the Telephone Consumer Protection Act (“TCPA”) in situations where they had no idea how plaintiffs received any calls or text messages from them. Sometimes, it seems, these unknown calls and text messages come from the less scrupulous in the industry and try

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New Oklahoma Mini-TCPA Becomes Law

Blog, Telemarketing Law / David Klein

The Telephone Consumer Protection Act (“TCPA”) has established the rules of the road on a federal level for telemarketers since its passage in 1991. In 2021, the industry saw a significant shift in state laws governing the industry. Florida acted first and passed the Florida Telephone Solicitation Act (“FTSA”), which included several new, broad telemarketing

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