On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. McKesson Corp., finding that the lower court: 1) had correctly determined that Defendants violated the TCPA’s junk fax prohibition; 2) had properly decertified the proposed class; and 3) did not abuse its […]
Class Decertification Upheld in Appeal of TCPA Fax Lawsuit Read More »
On October 24, 2023, the Subcommittee on Communications, Media and Broadband, held a hearing titled “Protecting Americans from Robocalls.” The Senators from the Subcommittee questioned business representatives and consumers alike concerning the impact of receiving unwanted telemarketing calls. It was made clear at the hearing that the Federal Communications Commission (“FCC”) and the Department of
AI and TCPA Litigation Read More »
On October 11, 2023, the United States District Court for the Western District of Washington issued a noteworthy decision discussing prerecorded calls in the context of treble damages and injunctive relief. In Blair v. Assurance IQ, LLC, the Court denied Defendant’s Motion to Dismiss, in part, finding that Plaintiff had sufficiently plead Defendant’s delivery of
Prerecorded Calls Do Not Entitle Plaintiffs to Treble Damages or Injunctive Relief Read More »
As our readers are aware, on September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois granted the Federal Trade Commission (“FTC’) partial summary judgment in its telemarketing lawsuit against Day Pacer LLC and associated defendants (collectively “Day Pacer”). FTC v. Day Pacer LLC, et al., filed in 2019, is part of
FTC Telemarketing Decision Highlights Crackdown on Consent Farming Read More »
On September 27, 2023, Ms. Qiana Martin filed a lawsuit on behalf of herself and other similarly situated individuals against Bottom Line Concepts, LLC (“BLC”) in the Southern District of New York. The Complaint alleges that BLC delivered prerecorded calls to consumers, without consent, in violation of the Telephone Consumer Protection Act (“TCPA”). Specifically, the
SNOOP DOGG’S VOICE USED TO SEND PRERECORDED CALLS? Read More »
As readers of this blog will recall, Connecticut Governor, Ned Lamont, signed SB1058 into law on June 26, 2023, which both added to, and amended, Connecticut’s telemarketing law. Most notably, beginning on October 1, 2023, Connecticut now allows for up to $20,000 per violation of its strict telemarketing regulations. Key Points to Remember About
REMINDER: Connecticut’s New Telemarketing Law Takes Effect OCTOBER 1ST, 2023! Read More »
Based on recent statutory amendments to New York State’s telemarketing laws, the State is further restricting telemarketing activities in its jurisdiction. Back in March 2022, legislation was signed into law by Governor Kathy Hochul that amended the State’s General Business Law, Section 399-z, the law that established The “No Telemarketing Sales Calls Statewide Registry.” As readers of our blog know, marketing companies’ practices must
Crackdown on New York Telemarketing Continues Read More »
On August 7, 2023, twelve United States senators penned a letter to the Federal Communications Commission (“FCC” or the “Commission”) requesting that the Commission issue guidance on current Telephone Consumer Privacy Act (“TCPA”) consent regulations (the “Letter”). As our readers are aware, the FCC has already promulgated comprehensive telemarketing rules. However, the senators argue that
Senators Request Updated Guidance from FCC on TCPA Consent Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising