TCPA

NYAG Questions Robocall Consent Language in eBay, PayPal User Agreements

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June 12, 2015 This Tuesday, Ms. Kathleen McGee, Internet Bureau Chief for the New York Attorney General’s Office, scrutinized the recently revised User Agreements of eBay, Inc. (“eBay”) and PayPal, Inc. (“PayPal”), respectively. Specifically, the NYAG has questioned certain robocall consent provisions contained in these agreements, which purportedly authorize the sending of autodialed and/or prerecorded […]

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Court Rules AOL Not Liable Under the TCPA

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June 11, 2015 On June 1, the United States District Court for the Northern District of California dismissed an action filed against AOL, Inc. (“AOL”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The Court ruled that AOL’s Instant Messenger service, which allows users to send text messages, is not an automated telephone

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Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry”

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May 28, 2015 On Wednesday of this week, the Federal Communications Commission (the “FCC” or “Commission”) announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission’s enforcement of the Telephone Consumer Protection Act (“TCPA”). According to Chairman Wheeler’s announcement and the Commission’s accompanying fact sheet, the FCC

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Manufacturer Not Vicariously Liable for Distributor TCPA Violations

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May 26, 2015 Last week, the United States District Court for the Central District of California entered an order granting summary judgment in favor of manufacturer UTC Fire & Security Americas Corporation, Inc. (“UTCFSA”) and dismissed a putative Telephone Consumer Protection Act (“TCPA”) class action pending against it. The plaintiff sought to hold UTCFSA liable

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Lead Generators: What to do When You Receive a TCPA Subpoena

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May 21, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has grown significantly recently, with several thousand cases filed in each of the past several years. Typically, TCPA actions are brought against businesses which contact customers or potential customers via text, telephone or facsimile (“Advertisers”), or against companies that send the

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Sprint Compels Arbitration in TCPA Class Action

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May 14, 2015n On Monday of this week, the United States Court of Appeals for the Seventh Circuit held that a putative class action complaint filed against Sprint alleging that it had violated the Telephone Consumer Protection Act (“TCPA”) must be submitted to arbitration. The appellate court overturned a prior ruling of the district court

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Roofing Company Held Liable for Unsolicited Fax Ads under the TCPA

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May 13, 2015 The United States District Court for the District of New Jersey recently held a roofing company liable for a third-party advertiser’s violations of the Telephone Consumer Protection Act (“TCPA”) to the tune of $22,405,000.00. The TCPA class action, which has been pending for over three years, concerns fax advertisements sent by Business

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Human Intervention Defeats TCPA ATDS Claim

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May 7, 2015 While federal courts throughout the country continue to struggle with the question of what constitutes an automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”), one federal court has recently provided clarity. In McKenna v. Whispertext, the United States District Court for the Northern District of

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