TCPA Archives - Page 29 of 45 - Klein Moynihan Turco

U.S. Supreme Court Makes Monumental Ruling in TCPA Class Action Lawsuit

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

January 21, 2016 This week, the United States Supreme Court (“SCOTUS”) quietly released a landmark decision in a class action lawsuit involving allegations of Telephone Consumer Protection Act (“TCPA) violations. In a 6-3 decision, SCOTUS ruled that defendants cannot rely on unaccepted settlement offers for full relief to a named plaintiff, or offers of judgment […]

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FCC: No Guaranteed TCPA Exemption for Text Broadcasters

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

January 15, 2016 Last Monday, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations. When do TCPA regulations apply to broadcasters of third-party text messages?

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Seventh Circuit Dismisses Autodialer TCPA Case

Leave a Comment / Blog, Online Marketing & Advertising Law, Telemarketing Law / David Klein

December 24, 2015 This week, the United States Court of Appeals for the Seventh Circuit affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit alleging autodialer- related liability against AllianceOne Receivables Management, Inc. (“AllianceOne”). The suit was brought by Wayne Norman, an individual with whom this firm

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Cirque du Soleil Moves to Stay Junk Fax Class Action

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

December 18, 2015 On December 11, 2015, Cirque du Soleil (“Cirque”) filed a motion in the United States District Court for the Northern District of Illinois, seeking a stay of the plaintiff’s motion to certify a class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). The

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Does Yahoo Use an Autodialer in Violation of the TCPA?

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

December 16, 2015 On December 14, 2015, the United States District Court for the Southern District of California denied a motion for summary judgment filed by Yahoo! Inc. (“Yahoo”) which claimed that human intervention removed one of its text messaging platforms from the definition of “autodialer” within the meaning of the Telephone Consumer Protection Act

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The Time to Call a TCPA Lawyer is Now: Tips for Winning or, Better Yet, Avoiding TCPA Lawsuits

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

November 24, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded over the past few years. Unfortunately, many marketing companies and advertisers wait until they are named in a complaint or receive a subpoena before working with a TCPA lawyer, under the mistaken belief that their marketing practices seem lawful,

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Microsoft Wins Dismissal of TCPA Class Action Due to Consent

2 Comments / Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

November 20, 2015 On November 17, 2015, the United States District Court for the Central District of California dismissed a class action complaint filed against Microsoft Corporation (“Microsoft”) alleging violations of the Telephone Consumer Protection Act (“TCPA”). The Court found that the plaintiff, as well as the proposed class members, knowingly released their contact information

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Cirque du Soleil Can’t Escape Junk Fax Class Action

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

November 17, 2015 On November 12, 2015, the United States District Court for the Northern District of Illinois denied Cirque du Soleil’s (“Cirque”) motion to dismiss a pending class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). Cirque argued that the class action, which was commenced

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