Text Message

TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit

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 …

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FCC: No Guaranteed TCPA Exemption for Text Broadcasters

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?

Feds Crack Down on Massive Text Message Consumer Fraud Scheme

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 …

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Online Marketers Settle Telemarketing and Cramming Lawsuit for $10 Million

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 …

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FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme

The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No. 14-CV-60166 (S.D. Fl.), naming the owners of several companies allegedly engaged in a text message and robocall scheme involving offers for “free” merchandise, such as gift cards and iPads. The …

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Text Message Marketer Found in Civil Contempt of Court Order

In 2011, the Federal Trade Commission (“FTC”) filed a complaint against text message marketer Phil Flora alleging that he had sent millions of deceptive text messages to consumers in violation of the FTC Act.  The FTC’s complaint alleged that Mr. Flora used a network of affiliate marketers to deliver unsolicited text messages advertising deceptive mortgage …

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