Telemarketing

Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry”

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May 28, 2015 On Wednesday of this week, the Federal Communications Commission (the “FCC” or “Commission”) announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission’s enforcement of the Telephone Consumer Protection Act (“TCPA”). According to Chairman Wheeler’s announcement and the Commission’s accompanying fact sheet, the FCC […]

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Telemarketers, Payment Processor to Pay $1.7 Million to FTC

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May 26, 2015 Last Tuesday, a federal court in Orlando issued its final order in a years-long legal battle between the Federal Trade Commission (the “FTC” or “Commission”), a number of telemarketers and their payment processor. The ruling follows an order late last year that granted the Commission’s motion for summary judgment against all remaining

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Manufacturer Not Vicariously Liable for Distributor TCPA Violations

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May 26, 2015 Last week, the United States District Court for the Central District of California entered an order granting summary judgment in favor of manufacturer UTC Fire & Security Americas Corporation, Inc. (“UTCFSA”) and dismissed a putative Telephone Consumer Protection Act (“TCPA”) class action pending against it. The plaintiff sought to hold UTCFSA liable

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Sprint Compels Arbitration in TCPA Class Action

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May 14, 2015n On Monday of this week, the United States Court of Appeals for the Seventh Circuit held that a putative class action complaint filed against Sprint alleging that it had violated the Telephone Consumer Protection Act (“TCPA”) must be submitted to arbitration. The appellate court overturned a prior ruling of the district court

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Guess? Who is Headed Toward Discovery in a TCPA Class Action

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March 27, 2015 On March 24, 2015, the United States District Court for the Southern District of California denied Guess?, Inc.’s (“Guess”) motion to dismiss a telephone consumer protection act (“TCPA”) class action pending against it.  Guess argued that the plaintiff’s complaint failed to demonstrate that Guess had used an automatic telephone dialing system (“ATDS”)

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Direct Marketer Pays $8 Million for Alleged Deceptive Practices, TSR Violations

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March 10, 2015 Last week, the Federal Trade Commission (the “FTC” or “Commission”) announced its $7.5 million settlement with Allstar Marketing Group, LLC following allegations of Telemarketing Sales Rule (“TSR”) violations and unfair or deceptive business practices.  The FTC’s investigation was conducted in conjunction with the New York State Office of the Attorney General, which

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Feds Crack Down on Major Telemarketing and Robocalling Campaign

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March 9, 2015 The Federal Trade Commission (“FTC”) and 10 state attorneys general have charged Caribbean Cruise Line, Inc. (“CCL”) and seven of its telemarketing partners with violating the federal Telemarketing Sales Rule.  The suit alleges that CCL and its telemarketing partners made billions of robocalls from October 2011 through July 2012, aimed at skirting

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Facebook Sued for Alleged TCPA Text Messaging Violations

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March 5, 2015 This Tuesday, Mr. Noah Duguid filed a class action lawsuit in California federal court against Facebook for allegedly sending automated text messages to mobile phone users without their prior express consent in violation of the Telephone Consumer Protection Act (“TCPA”). Mr. Duguid’s claim was initially brought in federal court in New York

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