Short Message Service (SMS) text messaging has become a ubiquitous form of communication for people over the last decade. Consequently, marketers and advertisers who are continuously refining their processes to more successfully connect with current and prospective consumers have gravitated to the medium in droves. Oftentimes, however, they do so without regard for the nuanced […]
SMS Text Messaging and the TCPA Read More »
Communicating with consumers via telephone and text messaging has become an increasingly effective means of consumer outreach. To do it correctly, comprehensive and well-drafted call center agreements must be an essential component of the process. Due to the significant risk of violating state and federal telemarketing laws, its is vital that businesses negotiate and enter
Telemarketing Call Center Agreements: Make the Right Call Read More »
Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to digital marketing, TCPA terms became a crucial component of the formation of a contract between consumers and telemarketers. The Second Circuit Court of Appeals addressed a tricky aspect of this
No Arbitration Without Clear and Enforceable TCPA Terms Read More »
February 13, 2019 On February 7, 2019, Plaintiff Michael Seefeldt (“Seefeldt)” commenced a text message lawsuit in the United States District Court for the Eastern District of Missouri. The named defendants are the Outfield Brew House, LLC d/b/a Budweiser Brew House (the “Brew House”) and Entertainment Consulting International, LLC (“ECI”). The Brew House is a
TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit Read More »
July 7, 2017 Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app. How can text message marketers protect themselves from TCPA liability?
App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing Read More »
January 15, 2016 Last Monday, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations. When do TCPA regulations apply to broadcasters of third-party text messages?
FCC: No Guaranteed TCPA Exemption for Text Broadcasters Read More »
September 17, 2015 This week, the United States Attorney for the Southern District of New York, in collaboration with the Internal Revenue Service and Federal Bureau of Investigation, announced several arrests of executives at mobile aggregation companies and mobile content providers. The arrests follow a federal investigation of the individuals’ participation in a scheme that
Feds Crack Down on Massive Text Message Consumer Fraud Scheme Read More »
October 23, 2014 On October 22, 2014, the Federal Trade Commission (“FTC”) announced that it had settled a long-standing case against a group of defendants that allegedly engaged in text message, robocall and cramming schemes involving offers for “free” merchandise. The combined settlement amount comes to approximately $10 million and will be enforced against a
Online Marketers Settle Telemarketing and Cramming Lawsuit for $10 Million Read More »
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