In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text messages. Below, we discuss the decision in detail and its implications for telemarketers. Private Right of Action for Failing to Comply With Caller ID Requirements […]
Caller ID and Text Messages Read More »
Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the importance of carefully analyzing whether the complaint actually asserts that TCPA vicarious liability can be plausibly inferred from the allegations. Below, we
TCPA Vicarious Liability Read More »
Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late at night and early in the morning. This uptick in TCPA quiet time litigation is spearheaded by a Fort Lauderdale, Florida-based law
Surge in TCPA Quiet Time Litigation Read More »
Earlier this year, United HealthCare Services, Inc. (“Defendant”) agreed to settle a class action robocall lawsuit for $2.5 million. In Samson v. United Healthcare Services, Inc, filed in the United States District Court for the Western District of Washington, Defendant was sued for allegedly violating the robocall provisions of both the Revised Code of Washington
Huge Healthcare Provider Settles Robocall Lawsuit for $2.5 Million Read More »
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these lawsuits are concentrated in jurisdictions that have enacted broad wiretapping statutes. One such jurisdiction is Pennsylvania, with a statute known as the
Favorable Pennsylvania Wiretap Decision Read More »
The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained the consumer’s prior express consent. As the recent decision in a case captioned Johansen v. EFinancial, LLC explained, the Do Not Call restriction is broad but contains one notable exception,
TCPA Safe Harbor Exception Saves Telemarketer Big Money Read More »
The telemarketing industry of the 21st century has many players –advertisers, call centers, and lead generators. Records for each part of a given marketing lifecycle could exist with four separate companies. So, when plaintiffs file lawsuits against telemarketers alleging violations of the Telephone Consumer Protection Act (“TCPA”), it is common for someone else to have,
I Received a TCPA Subpoena. Now What? Read More »
To help you understand how to sell to consumers through telemarketing, while complying with the law, we have created this guide for every telemarketer in order to understand consumer disclosures. The guide introduces the regulations contained in the Telemarketing Sales Rule. If you are an advertiser who wants to reach consumers through a telemarketing campaign, you may be focused
The Telemarketer’s Guide: Consumer Disclosures Read More »