text messaging Archives - Klein Moynihan Turco

Text Messages are NOT Prerecorded Voice Messages

On August 8, 2023, the Ninth Circuit Court of Appeals issued a major win for both Telephone Consumer Protection Act (“TCPA”) defendants and the industry at large. In Trim v. Reward Zone USA LLC, the Plaintiff set forth the novel argument that the text messages she received violated the prerecorded voice restrictions contained in the TCPA. TCPA plaintiffs have demonstrated increased creativity in their TCPA cases following the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. Readers will recall that in Facebook, the Supreme […]

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Are Confirmation Texts Allowed Under the TCPA?

Blog, Telemarketing Law / David Klein

As readers of this blog know, on May 18, 2023, the Federal Communications Commission (“FCC” or “Commission”) issued a Notice of Proposed Rulemaking (“NPRM”). In addition to recommending that opt-out requests be honored within 24 hours of receipt, the NPRM proposes to codify a prior Commission ruling that a single confirmation text may be sent to consumers in

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SMS Text Messages and the TCPA- Klein Moynihan Turco LLP

SMS Text Messaging and the TCPA

Blog, Telemarketing Law / David Klein

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

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Night Club Accused of TCPA Text Messaging Violations

Blog, Journal, Telemarketing Law / David Klein

January 14, 2019 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub. The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act

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Aventura Dance Cruise Accused of Violating Text Messaging Law

Blog, Journal, Telemarketing Law / David Klein

July 19, 2018 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against one of the world’s premier Latin dance cruises, Aventura Dance Cruise. The lawsuit claims that Aventura Dance Cruise’s text message advertising campaign was conducted

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Twitter Survives TCPA Text Messaging Class Action

Blog, Journal, Telemarketing Law / David Klein

December 22, 2017 A nationwide class action lawsuit filed in the United States District Court for the Northern District Court of California, alleging violations of the Telephone Consumer Protection Act (“TCPA”) against Twitter, Inc. (“Twitter”), was recently voluntarily dismissed. The terms of the settlement leading to the dismissal are not publicly known. What were the

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Fast Food Chain Hit with Class Action Text Message Lawsuit

Blog, Journal, Telemarketing Law / David Klein

November 27, 2017 Earlier this month, a putative class action text message lawsuit was filed in a Chicago federal district court against Checkers Drive-In Restaurants, Inc. (“Checkers”) and its affiliate mobile marketer, alleging violations of the Telephone Consumer Protection Act (“TCPA”). Why should sellers and mobile marketers ensure that their text messages are TCPA compliant?

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App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing

1 Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

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?

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