As many of you are aware, beginning today and with limited exceptions, prior express written consent will be required for all autodialed and/or pre-recorded marketing calls/texts sent to cell phones and pre-recorded calls made to landlines. Additionally, telemarketers can no longer rely on previous business relationships with customers to get around the prior written consent […]
So you have been served with a Telephone Consumer Protection Act (“TCPA”) class action lawsuit. The immediate questions invariably come to mind: What is the TCPA? What did I do wrong? How do I make this TCPA lawsuit go away without destroying my business and/or consuming the next two years of my life? Background on
How to Defend a TCPA Class Action Lawsuit Read More »
On October 2, 2013, the United States District Court for the District of New Jersey rejected a defendant’s argument that class action proceedings under the Telephone Consumer Protection Act (“TCPA”) are not the superior means of resolving TCPA class action claims because alternative forums are available. Specifically, in a federal action involving transmission of unsolicited
TCPA Class Action Defense Rejected by Federal Court Read More »
On October 4, 2013, five insurance companies, including Geico, Statefarm, Nationwide and Farmers, were named in a TCPA class action lawsuit filed in Illinois Federal Court, along with the third party marketer that placed calls on their behalf to consumers’ mobile phones. The TCPA Class Action Complaint Four plaintiffs seek to represent a class of
Five Big Insurance Companies Sued in Putative TCPA Class Action Lawsuit Read More »
In what may be the largest payment to settle an action brought pursuant to the Telephone Consumer Protection Act (“TCPA”), the Bank of America (“BOA”) will be paying over $32 Million in an effort to settle six pending TCPA class action litigation matters. The TCPA class action settlement, which must still be approved by a
Record Breaking TCPA Class Action Settlement Read More »
In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines. By various accounts, TCPA lawsuits are up 40-60% in 2013, compared to the same period in 2012, and there appears to be no signs of this trend slowing any time soon. DirecTV TCPA Lawsuit On September 5, 2013, a TCPA lawsuit was
DirecTV Named in Multi-Million Dollar Class-Action TCPA Lawsuit Read More »
The United States Court of Appeals for the Seventh Circuit affirmed that commercial messages sent via facsimile (“faxes”) by a marketing firm on behalf of an attorney to more than two hundred certified public accountants (“CPAs”) violated the Telephone Consumer Protection Act (“TCPA”) because they did not inform the recipients how to stop receiving future
Attorney Liable in Illinois TCPA Class Action for Sending Junk Faxes Read More »
The case of Physicians Healthsource, Inc. v. Stryker Sales Corp., et al., currently pending in the United States District Court for the Western District of Michigan, has presented very fundamental questions that go to the heart of Telephone Consumer Protection Act (“TCPA”) class actions. The underlying facts of the case are fairly straight forward. The
Multiple Questions Could Derail TCPA Class Actions Read More »
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