April 15, 2016 Last week, a putative class action complaint was filed in the United States District Court for the District of Connecticut alleging that Edible Arrangements, LLC (“EA”) sent automated text message advertisements without obtaining the prior express written consent of recipients in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA class […]
Edible Arrangements Faces TCPA Class Action Read More »
March 23, 2016 On March 21, 2016, the United States Court of Appeals for the Seventh Circuit affirmed a trial court ruling that found a principal of a small Indiana company liable for some, but not all, of its marketing company’s violations of the Telephone Consumer Protection Act (“TCPA”). The principal, Jerry Clark (“Clark”), owns
Seventh Circuit Limits Agency Liability in TCPA Class Action Read More »
March 21, 2016 Yesterday morning, the Federal Trade Commission (“FTC”) announced that it had reached a settlement with Lilly Management and Marketing, LLC and its principal, Kevin Lawrence (together, “Defendants”). The FTC commenced an action against Defendants in the Middle District of Florida on March 16, 2016, alleging that the Defendants repeatedly and systematically violated
FTC Settles TCPA and TSR Violation Charges with Vacation Package Telemarketers Read More »
March 17, 2016 As the 2016 election cycle continues to heat up, the Federal Communications Commission’s Enforcement Bureau (the “FCC” or “Commission”) released an Enforcement Advisory this Monday outlining the Telephone Consumer Protection Act (“TCPA”) regulations governing political robocalls, text messages and pre-recorded calls. Why should political campaigns ensure that their phone calls and text
FCC to “Rigorously Enforce” TCPA Political Robocall, Text Message Regulations Read More »
February 26, 2016 On February 22, 2016, the United States District Court for the Northern District of Illinois granted summary judgment to Voiceshot LLC (“Voiceshot”), dismissing a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed against it. The Court concluded that Voiceshot, a company that offers web-based communication services that subscribers may access and
Voiceshot Found to be Common Carrier Immune from TCPA Liability Read More »
February 25, 2016 In the fall of 2015, Congress quietly slipped a provision into a budget bill that directed the Federal Communications Commission (“FCC”) to adopt implementing regulations for a proposed exemption to the Telephone Consumer Protection Act (“TCPA”). Last week, a draft rule was circulated to the full FCC which aims to protect certain
Is a Carve Out to the TCPA in the Works? Read More »
February 10, 2016 Last week, the named plaintiff in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Bebe Stores, Inc. (“Bebe”) filed a motion for class certification. The Plaintiff has sought to certify a nationwide class consisting of all people who provided their cell phone numbers to Bebe at one of Bebe’s brick-and-mortar
Class Certification Sought in TCPA Lawsuit Against Bebe Read More »
February 2, 2016 On January 27, 2016, a putative class action lawsuit was filed against a number of insurers, including Banner Life Insurance Company and William Penn Life Insurance Company of New York (collectively, the “Insurers”), alleging that they had violated federal and New Jersey State junk-fax laws. Specifically, the plaintiff asserts claims pursuant to
Insurer Faces TCPA Class Action for Allegedly Violating Junk Fax Provisions Read More »
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