telemarketing law

What is An Opt-Out Request Under TCPA Law? - Klein Moynihan Turco LLP

New York Enacts New Telemarketing Law

December 6, 2019 This week, Governor Andrew Cuomo signed a bill enacting the Nuisance Call Act, a telemarketing law aimed at curbing the receipt of unwanted commercial telephone calls by New York residents.  The law is intended to build upon the State’s Do-Not-Call Law, which went into effect in 2001. How does the new telemarketing […]

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New Mobile Operating System Targets Unsolicited Telemarketing Calls   

September 27, 2019 Apple Inc. has released a new operating system for its mobile devices that is likely to have a significant effect on the telemarketing industry.  Among the features included in the new operating system, iOS 13, is one that is intended to provide users with the ability to effectively eliminate their receipt of

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Class Certification Sought in TCPA Case

February 21, 2019 In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”).   The class certification motion brings the TCPA case to a seminal inflection point

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Florida Spa Involved in TCPA Text Messaging Lawsuit

January 30, 2019 On January 22, 2019, Carol Mazzariol (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against medical spa company, MedSpa Del Mar, LLC (“MedSpa”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Carol N. Mazzariol

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TCPA Consent – A Cautionary Tale

September 18, 2018 On September 5, 2018, the United States District Court for Colorado granted a motion permitting All Web Leads, Inc. (“All Web”) to intervene in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed by Plaintiff Jennifer Turner (“Turner”) against Defendant Efinancial, LLC (“Efinancial”). In her TCPA case, Turner alleges that Efinancial

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TCPA Lawsuit “Hits” the Diamond

September 17, 2018 On September 11, 2018, Chad Fernandez (“Plaintiff”) “hit” Tampa Bay Rays Baseball Ltd. (“Tampa Bay Rays”) with a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit in Florida federal court.  In his TCPA lawsuit, Plaintiff alleges that the Tampa Bay Rays sent four unsolicited text messages to his cellular telephone using

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Another TCPA Case is Challenged as to the Sufficiency of its Allegations

August 24, 2018 On July 26, 2018, a Telephone Consumer Protection Act (“TCPA”) class action lawsuit was filed by Plaintiff Derrick Thomas (“Thomas”) in the United States District Court for the Southern District of Florida against Defendant Peterson’s Harley Davidson of Miami, LLC (“Peterson’s”). In his TCPA case, Thomas alleges that Peterson’s sent five promotional

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TCPA Law – The Evolving Definition of ATDS

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”).  This TCPA law action was filed by Kevin A. Gary (“Plaintiff”)

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