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 […]
Human Intervention Defeats TCPA ATDS Claim Read More »
May 6, 2015 This week, the Federal Communications Commission (“FCC”) issued citations to Call-Em-All, LLC, Ifonoclast, Inc. d/b/a Phonevite, and M.J. Ross Group, Inc. d/b/a PoliticalRobocalls.com regarding the companies’ respective use of autodialers and/or artificial or prerecorded messages in connection with calls placed to cellular telephones. The citations follow a two year investigation into the
FCC Issues Robocall Citations to Three Companies Read More »
April 13, 2015 Last month, the United States Court of Appeals for the Eleventh Circuit clarified the standard for obtaining treble damages under the Telephone Consumer Protection Act (“TCPA”). In Lary v. Trinity Physician Financial & Insurance Services, the district court declined to award treble damages to the plaintiff on a motion for default judgment.
Treble Damages Not Automatic in TCPA Litigation Read More »
April 6, 2015 On April 2, 2015, a class action lawsuit was filed against PVH Corp., d/b/a Tommy Hilfiger (“TH”), alleging that TH violated the Telephone Consumer Protection Act (‘TCPA”) by sending mass commercial text message advertisements to consumer cell phones without obtaining prior express written consent to send such messages. The lawsuit, filed in
Tommy Hilfiger TCPA Class Action Lawsuit Focuses on Prior Express Written Consent Read More »
March 27, 2015 On March 24, 2015, the United States District Court for the Southern District of California denied Guess?, Inc.’s (“Guess”) motion to dismiss a telephone consumer protection act (“TCPA”) class action pending against it. Guess argued that the plaintiff’s complaint failed to demonstrate that Guess had used an automatic telephone dialing system (“ATDS”)
Guess? Who is Headed Toward Discovery in a TCPA Class Action Read More »
March 18, 2015 On March 12, 2015, a class action lawsuit was filed against Blimpie International, Inc. (“Blimpie”) and other entities, alleging violations of the Telephone Consumer Protection Act (“TCPA”). Specifically, the complaint alleges that Blimpie violated the TCPA by sending unsolicited “junk faxes” to businesses and individuals throughout the country. The plaintiff seeks to
Blimpie Blown Up by TCPA Junk Fax Class Action? Read More »
March 5, 2015 This Tuesday, Mr. Noah Duguid filed a class action lawsuit in California federal court against Facebook for allegedly sending automated text messages to mobile phone users without their prior express consent in violation of the Telephone Consumer Protection Act (“TCPA”). Mr. Duguid’s claim was initially brought in federal court in New York
Facebook Sued for Alleged TCPA Text Messaging Violations Read More »
March 5, 2015 On February 25, 2015, the parties to a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed a proposed settlement agreement which may require health club operator Life Time Fitness (“LTF”) to pay up to $15 million in damages. The settlement comes just 3 months after the plaintiffs’ class action lawsuit was
Life Time Fitness to Pay up to $15 Million to Settle TCPA Class Action Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising