Telemarketing

Life Time Fitness to Pay up to $15 Million to Settle TCPA Class Action

March 5, 2015 On February 25, 2015, the parties to a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed a proposed settlement agreement which may require health club operator Life Time Fitness (“LTF”) to pay up to $15 million in damages.  The settlement comes just 3 months after the plaintiffs’ class action lawsuit was […]

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FTC Bans Companies from Future Telemarketing

March 4, 2015 The Federal Trade Commission (“FTC”) has settled a complaint that it filed in June 2014 against several companies that, through unscrupulous telemarketing practices, allegedly swindled Spanish-speaking consumers across the country by sending unordered or defective products, including phony weight-loss belts, and subsequently making it difficult, impossible or extremely costly for the consumers

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Defending a TCPA Lawsuit: Do’s and Don’ts

February 11, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has grown significantly in recent years, with several thousand cases filed in 2014.  If your business contacts customers or potential customers via text, telephone or facsimile, or a third party does so on your company’s behalf, you are almost certainly on

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Another Court Weighs in on TCPA Definition of Autodialer

February 10, 2015 In the case of Glauser v. GroupMe, Inc., the District Court for the Northern District of California recently rendered a decision on motion, the focal issue of which was determining whether GroupMe, Inc.’s (“GroupMe”) group mobile messaging application fit within the Telephone Consumer Protection Act’s (“TCPA”) definition of an autodialer.  By way

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USCB to Pay $2.7 Million to Settle TCPA Class Action Lawsuit

January 30, 2015 On January 26, 2015, a judge for the Central District of California entered an order preliminarily approving a $2.7 million settlement to resolve a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against USCB, Inc. (“USCB”).  The Order comes after the Court initially rejected the parties’ first settlement agreement.  Following further briefing

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Dish Network Liable for Various Telemarketing Violations

January 22, 2015 In a case brought by the Department of Justice (“DOJ”) on behalf of the Federal Trade Commission back in 2009, the District Court for the Central District of Illinois found Dish Network L.L.C. (“Dish”) liable for tens of millions of calls that violated the Telemarketing Sales Rule (“TSR”). Telemarketing – Proceed with

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Toyota/Sirius Sued for Violations of the TCPA

January 16, 2015 On January 8, 2015, a class action lawsuit was filed in the United States District Court for the Southern District of California, alleging that Sirius XM Holdings, Inc. (“Sirius”) had placed numerous unsolicited telemarketing calls to the plaintiff’s cellular telephone using an automatic telephone dialing system in violation of the Telephone Consumer

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