As stated on this blog, the Telephone Consumer Protection Act (“TCPA”) was passed into law in 1991 and empowers the Federal Communications Commission (“FCC”) to issue rules and regulations regarding unsolicited telemarketing calls, texts, faxes, pre-recorded calls and autodialed calls. Furthermore, the TCPA allows for private rights of action, which has resulted in several high profile […]
Court Limits Reach of TCPA? Read More »
On June 20, 2013, the United States District Court for the Southern District of California dismissed a putative TCPA class action that had been filed against Redbox Automated Retail, LLC (“Redbox”). TCPA Class Action Facts and Analysis The Redbox plaintiffs alleged that they each received a text message from Redbox, to which they responded “STOP.”
TCPA Class Action Against Redbox Dismissed Read More »
In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines. By various accounts, TCPA filings are up 40-60% in 2013, compared to the same period in 2012. Papa John’s TCPA Settlement On May 17, 2013, Papa John’s delivered the latest headline, agreeing to pay up to $16.335 million to settle a
Papa John’s To Pay $16.335 Million To Settle TCPA Class Action Read More »
The Telephone Consumer Protection Act (TCPA), which allows individuals to file lawsuits and collect damages for receiving certain unsolicited commercial text messages, faxes, pre-recorded calls or autodialed calls, has made headlines again. The Federal Court for the Western District of Wisconsin recently ruled that a defendant may be held liable for violating the TCPA, even
Recent TCPA Case Is a Cautionary Tale for Telemarketers Read More »
If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants. In this post, we address the consent requirements for robocalls and
How to Obtain Consumer Consent under the TCPA Read More »
As we have detailed in many posts and legal articles, the Telephone Consumer Protection Act (“TCPA”) provides for, among other things, statutory damages to individuals who receive unsolicited text messages to personal cell phones – unless the messages are sent for emergency purposes or the recipient has given his or her express consent to receive
Steve Madden Settles TCPA Violations for $10 Million Read More »
TCPA Declaratory Ruling In a Declaratory Ruling issued on May 9, 2013, the Federal Communications Commission (“FCC”) sought to clarify the extent to which the advertisers of commercial products and services (referred to as “sellers”) can be held liable for violations of the Telephone Consumer Protection Act (“TCPA”) by the third-party telemarketers that place telemarketing
FCC Issues New TCPA Ruling on Telemarketing Liability Read More »
Class action complaints alleging violations of the Telephone Consumer Protection Act (“TCPA”) are on the rise. This is particularly true with respect to short message service (“SMS”) or text message marketing. The TCPA is a “strict liability” statute. This means that a violation of the TCPA imposes liability on the offender regardless of intent. Many
Service Providers May Not Be Liable for Some TCPA Violations Read More »
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