On August 22, 2013, the United States Court of Appeals for the Third Circuit ruled that consumers may revoke consent to receive automated dialer telephone calls on their mobile phones pursuant to the Telephone Consumer Protection Act (“TCPA”). The decision marks the first time that a federal appellate court has ruled that consumers may revoke […]
Consumers May Revoke TCPA Consent Read More »
Earlier this year, a putative class action under the Telephone Consumer Protection Act (“TCPA”) was dismissed by a New York federal court on the grounds that state courts “unequivocally” have exclusive jurisdiction over TCPA private actions. The court held that New York State law, specifically § 901(b) of the New York Civil Practice Law and
In a victory for alleged text message spammers, on August 5, 2013, a Florida Federal Court dismissed a TCPA class action complaint against a marketing company on jurisdictional grounds. On August 2, 2012, General Electric Capital Corporation (“GE”) was sued in California Federal Court for allegedly violating the Telephone Consumer Protection Act (“TCPA”). Zoom Tan,
Putative TCPA Class Action Lawsuit Dismissed for Lack of Jurisdiction Read More »
On August 2, 2012, General Electric Capital Corporation (“GE”) was sued in California Federal Court for allegedly violating the Telephone Consumer Protection Act (“TCPA”). Exactly one year later, on August 2, 2013, the court stayed the action and directed the plaintiff to participate in arbitration to resolve her individual TCPA claims against GE. Background of
Putative TCPA Class Action Lawsuit Against GE Sent to Arbitration Read More »
On June 20, 2013, Bank of America (“BOA”) was sued for allegedly violating the Telephone Consumer Protection Act (“TCPA”) and the Florida Consumer Collection Practices Act (“FCCPA”). Factual Allegations According to the Class Action Complaint, the background of this action is premised on a separate action between the parties. The plaintiff, Marc Katz (“Katz”), had
Bank of America Sued in Putative Class Action Lawsuit for Alleged TCPA Violations Read More »
Readers of this blog should be aware that the Federal Communications Commission (“FCC”) has approved amendments to the Telephone Consumer Protection Act (“TCPA”), which will go into effect on October 16, 2013. The TCPA amendments require telemarketers to obtain prior express written consent from consumers before placing or sending autodialed and/or pre-recorded marketing calls/texts to
Will the New TCPA Amendments Apply Only to Cell Phones? Read More »
As many of our followers are already aware, the Telephone Consumer Protection Act (“TCPA”) is dominating the headlines with multi-million dollar class action settlements being reached almost weekly. By various accounts, TCPA filings are up 40-60% in 2013, when compared to the same period in 2012. On the heels of last month’s $16.3 million dollar TCPA
Domino’s Pizza Pays Almost $10 Million in TCPA Settlement Read More »
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 »
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