TCPA

Ninth Circuit Outlines TCPA Vicarious Liability Standard

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On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the Telephone Consumer Protection Act (“TCPA”).  Since the Federal Communications Commission’s (“FCC”) declaratory ruling in the Dish Network matter (See FCC Issues New TCPA Ruling on Telemarketing Liability), which held that […]

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Wait – I Got Prior Express Written Consent to Call! I May Still be Violating the TCPA?

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So you think you know the Telephone Consumer Protection Act (“TCPA”) inside and out – and you have put all of the pieces in place to comply with its regulations.  You ensure that you – and any company working on your behalf – have prior express written consent before placing marketing calls to consumers’ landline

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Best Buy Forced to Settle a TCPA Class Action Lawsuit for $4.5M

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Best Buy Co., Inc. (“Best Buy”), one of the largest electronics retailers in the country, is the latest business forced to settle an action brought pursuant to the Telephone Consumer Protection Act (“TCPA”).  According to the settlement agreement reached with the Federal Communications Commission (“FCC”), Best Buy has agreed to pay over $4.5 million in

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Connecticut State Law Increases Penalties for TCPA Violations

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*** UPDATE***  This statute has gone into effect as of October 1, 2014. As we have detailed countless times on this blog, the Telephone Consumer Protection Act (“TCPA”), with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited faxes, pre-recorded telephone calls and/or autodialed telephone

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Prescription for Another TCPA Class Action: Rite Aid Sued for Allegedly Sending Unsolicited Text Messages

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#94616354 / gettyimages.com Rite Aid Corporation (“Rite Aid”) was recently sued in the United States District Court for the Southern District of California for allegedly sending unsolicited commercial text messages in violation of the Telephone Consumer Protection Act (the “TCPA”). A Real Pill of a TCPA Class Action Lawsuit The class action complaint alleges that

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Express Consent on TCPA Debt Collection Calls

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A recent federal district court ruling provides more guidance on how courts define “express consent” under the Telephone Consumer Protection Act (“TCPA”) in the debt collection setting.  In Sharp v. Allied Interstate Inc., the court relied on earlier Federal Communications Commission (“FCC”) rulings that had found that prior express consent had been provided by consumers

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Burger King Can’t Have it Its Way: TCPA Class Action Continues

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  The United States District Court for the District of Maryland recently refused to dismiss a putative Telephone Consumer Protection Act (“TCPA”) class action filed against Burger King Corp. (“Burger King”), for allegedly sending thousands of unauthorized facsimile messages advertising its food delivery services. Plaintiff, a realty corporation, argued that Burger King had violated the

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Help! I Was Named Personally in a TCPA Lawsuit

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What is the TCPA? The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991. On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect. The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing

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