TCPA

Consumers Could Recover Damages under the TCPA, Even If Valid Consent Is Obtained

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Last month, a federal court in Seattle confirmed that consumers may sue for damages under the Telephone Consumer Protection Act (“TCPA”) even if they consented to receiving autodialed and/or pre-recorded telephone calls on their mobile phones.  Despite the fact that the TCPA is silent as to whether a consumer may revoke his/her consent under the […]

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Faxes May Violate TCPA Even When Requested by Consumers

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Until recently, we focused our Telephone Consumer Protection Act (“TCPA”) discussions on telemarketing phone calls and text messages.  However, it is important to remember that under the TCPA, the Federal Communications Commission (“FCC”) is also empowered to regulate marketing material sent via telecopier.  In fact, last week a consumer class action lawsuit was filed in a

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TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers

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In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing

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Putative TCPA Class Action Filed Against Tampa Bay Buccaneers

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On the heels of a victory in Florida federal court – the dismissal of a putative class action under the Telephone Consumer Protection Act (“TCPA”) – the company that operates the Tampa Bay Buccaneers was sued again for allegedly sending unsolicited “fax blasts” to market tickets to their football games. The class action complaint was

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New TCPA Petitions May Be More Good News for Telemarketers

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The Federal Communication Commission (“FCC”) announced late last week that it is seeking public comment on petitions that call into question certain provisions of the new Telephone Consumer Protection Act (“TCPA”) regulations, which went into effect on October 16th, 2013. The TCPA Generally The TCPA regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers and/or pre-recorded

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Finally, Some Good TCPA News for Telemarketers . . . ?

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As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers or pre-recorded messages, and has been the basis for several high profile class action lawsuits.  Despite the multi-million dollar settlements resulting from TCPA violations, there may finally be some good news for telemarketers. What is an Autodialer

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TCPA Action against Sallie Mae Dismissed Due to Binding Arbitration Agreement

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A TCPA action that was filed in Massachusetts federal court against Sallie Mae, Inc. was recently dismissed because of the arbitration clause contained in the promissory notes that the plaintiff electronically signed when she secured three student loans. Background: Auto-Dialed Debt Collection Calls Each promissory note contained an arbitration provision that required any claims relating

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Are You Ready For The New TCPA Rules?

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The TCPA                    The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991 but has only caught fire as a preferred basis of litigation in the past few years.   The TCPA, with some exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for

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