It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. Duguid. Since then, numerous courts have incorporated Facebook into their opinions, with variations in their interpretations. For many plaintiffs filing suit under the TCPA, Footnote 7 of the Facebook decision has provided them […]
On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. Following a trend set by Florida, Oklahoma decided to enact its own rules to regulate intrastate telemarketing communications. Oklahoma’s regulations are the latest to take effect in a line of Mini-TCPA laws. These regulations have been coined Mini-TCPAs because they are the state equivalents
Oklahoma’s New Telemarketing Law Goes into Effect, Joining Other States with Mini-TCPAs Read More »
WHAT IS A TCPA SERIAL LITIGANT? Also known as repeat plaintiffs, these are individuals who have filed numerous lawsuits alleging violations of the Telephone Consumer Protection Act (‘TCPA”). They are located all across the country and sue in both state and federal courts. These parties are often self-proclaimed TCPA serial litigants and do not shy
Beware of TCPA Serial Litigants Read More »
On June 30, 2022, Michigan State Representative Mari Manoogian introduced House Bill 6307. Prefaced as “[a] bill to prescribe the rights and duties of parties to telephone solicitation sales,” the proposed law is Michigan’s first step in becoming another state jurisdiction to pass its own telemarketing regulations. The TCPA, or Telephone Consumer Protection Act, is
New Bill Could Significantly Impact Michigan Telemarketing Read More »
Tooley v. Urban Outfitters, Inc. On September 15, 2022, Martin Tooley filed a lawsuit on behalf of himself and other similarly situated individuals against Urban Outfitters in the District Court for the Middle District of Florida. The Complaint alleges that from June 19, 2022 through June 30, 2022, the Defendant “bombarded” the Plaintiff with “numerous
TOOLEY: THE LATEST FTSA CLASS ACTION Read More »
In a recent Florida putative class action, Pariseau v. Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act (“TCPA”) as well as the Florida Telephone Solicitation Act (“FTSA”), by sending unsolicited text messages advertising a sweepstakes contest. Here, plaintiff claimed “never [to have] invited or consented to the text message” and had also
Florida TCPA Action Survives Motion to Dismiss Read More »
A Washington State District Court has denied Robinhood Financial LLC’s (“Robinhood”) motion to dismiss a class action text lawsuit. Robinhood, a cellphone-based brokerage application, became a household name in early 2021, as a result of the small retail investor movement. One method that Robinhood uses to acquire new users is by encouraging existing users to
The Pursuit of Robinhood Continues as Court Keeps Text Lawsuit Alive Read More »
As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability that stretch the meaning of the law. Consider one of the latest arguments: sending unsolicited text messages violates the TCPA’s prohibition on sending messages containing prerecorded voices. One plaintiff
Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim? Read More »
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