TCPA Archives - Page 30 of 45 - Klein Moynihan Turco

PharMerica Seeks Court Approval for TCPA Class Action Settlement

Blog, Journal, Telemarketing Law / David Klein

November 13, 2015 Yesterday, the Court in Pines Nursing Home, Inc. v. PharMerica Corporation heard both parties seeking court approval of a TCPA class action settlement agreement. The case involves allegations by Pine Nursing Home, Inc. (“Pine”) that PharMerica Corporation (“PharMerica”) used a telecopier machine, computer or other device to send advertisements to telephone facsimile […]

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TCPA Class Action Against CallFire Dismissed

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

November 5, 2015 On October 8, 2015, the United States District Court for the Southern District of California dismissed a putative class action complaint alleging that CallFire, Inc. (“CallFire”) violated the Telephone Consumer Protection Act (“TCPA”). CallFire offers an Internet-based platform through which customers may prepare a text message and send that message to a

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TCPA Amended by 2015 Bipartisan Budget Agreement

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

October 30, 2015 The United States Senate today approved a two-year budget deal that amends the Telephone Consumer Protection Act (“TCPA”). Specifically, the TCPA amendment will authorize the use of automated telephone dialing systems (“ATDS”) to call cellular telephones (without consumer consent) for the purpose of collecting debts owed to the United States government. How

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TD Bank Hit with TCPA Class Action Lawsuit

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

October 29, 2015 On October 26, 2015, a putative class action lawsuit was filed against TD Bank USA, N.A. (“TD Bank”) in the United States District Court for the District of New Jersey, alleging that the bank violated the Telephone Consumer Protection Act (“TCPA”). The putative class action seeks to certify a class of “[a]ll

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Third Circuit Revives TCPA Class Action Against Yahoo

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

October 28, 2015 Last Friday, the Third Circuit Court of Appeals breathed new life into a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against multinational tech giant Yahoo Inc. (“Yahoo”), vacating an earlier trial court decision in Yahoo’s favor and remanding the case for further proceedings. Why is Yahoo back in the TCPA crosshairs?

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DialAmerica Program Protected by TCPA Nonprofit Exemption

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

September 25, 2015 On September 22, 2015, a federal judge sitting in the Eastern District of Michigan granted summary judgment and dismissed a complaint filed against DialAmerica Marketing, Inc. (“DialAmerica”), alleging that the telemarketer violated the Telephone Consumer Protection Act (“TCPA”). After reviewing the matter, the Court found that DialAmerica’s Professional Fundraising Program falls under

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Feds Crack Down on Massive Text Message Consumer Fraud Scheme

Lyft, Inc. and FCC Dispute Alleged TCPA Violations

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

September 15, 2015 On September 11, 2015, the Federal Communications Commission (“FCC”) issued a Citation and Order (the “Citation”), alleging that the ride-hailing company Lyft, Inc. (“Lyft”) is violating the Telephone Consumer Protection Act (“TCPA”) by requiring users to consent to receive commercial text messages and calls to their cell phones as a condition of

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