text messaging

SMS Text Messages and the TCPA- Klein Moynihan Turco LLP

SMS Text Messaging and the TCPA

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

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

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

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

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?

Blue Shield Avoids TCPA-Related Liability

January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”).   Blue Shield relied on arguments of lack of standing under the Supreme Court’s decision in Spokeo, Inc. v. …

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Caribou Coffee Wakes Up to TCPA Class Action

May 10, 2016 A class action lawsuit was filed in the United States District Court for the Western District of Wisconsin last Thursday morning, alleging that Caribou Coffee Company, Inc. (“Caribou”) violated the Telephone Consumer Protection Act (“TCPA”) by sending unsolicited text message advertisements without obtaining the prior express written consent to do so.  The …

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