As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes that utilize autodialers or pre-recorded messages. Of late, the statute has been the basis for several high profile class action lawsuits.
What is an “Autodialer” under the TCPA? Read More »
The United States District Court for the Western District of Michigan recently denied a motion filed by Caribbean Cruise Lines, Inc. (“Caribbean”) to dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (the “TCPA”) and Michigan law. The Court granted the motion to dismiss for lack of personal jurisdiction filed by
TCPA Class Action Against Caribbean Cruise Lines Sails On Read More »
The number of Telephone Consumer Protection Act (TCPA) class action lawsuits has exploded in the past couple of years. The October 16, 2013 amendments to the TCPA regulations and the often liberal interpretation of the statute by Federal District Courts and the Federal Communications Commission (FCC) has further emboldened TCPA class action plaintiffs. There now
Protect Yourself Against Personal Liability Under the TCPA Read More »
On March 28, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that debt collection calls can only be placed to the subscriber of the cellular telephone being called under the Telephone Consumer Protection Act (“TCPA”). Specifically, section 227(b)(1)(A)(iii) of the TCPA states, in part, that it shall be unlawful to make
TCPA Debt Collection Calls Can Only Be Placed to Cell Phone Subscribers Read More »
On March 27, 2014, the Federal Communications Commission (“FCC”) issued an Order granting package delivery companies an exemption from the Telephone Consumer Protection Act (“TCPA”) to permit them to alert wireless consumers about delivery of their packages, as long as consumers are not charged and may easily opt-out of future messages. Background The Order was
FCC Grants TCPA Exemption for Package Delivery Alert Text Messages Read More »
The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. The October 16, 2013 Amendments and the often liberal interpretation of the TCPA by Courts and the Federal Communications Commission (“FCC”) has further emboldened TCPA class action plaintiffs.
What To Do When You Are Served With a TCPA Class Action Lawsuit Read More »
On February 27, 2014, the United States District Court for the Western District of Washington ruled that a plaintiff who provided his mobile telephone number in connection with registering for a local car-sharing service gave “prior express consent” (within the meaning of the Telephone Consumer Protection Act (“TCPA”)) to be contacted via text message by
Another TCPA Class Action Dismissed on “Prior Express Consent” Grounds Read More »
On February 26, 2014, a federal judge for the United States District Court for the Western District of Washington rejected an attempt to settle a class-action Telephone Consumer Protection Act (“TCPA”) lawsuit against Best Buy. The lawsuit was commenced in April, 2010. The parties began negotiating a settlement in April of 2013 and by December
Federal Judge Rejects TCPA Class Action Settlement Read More »