text messaging

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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Trump’s Campaign Hit with TCPA Lawsuits for Text Message Marketing

May 3, 2016 Last week, two separate class action complaints were filed in a Chicago federal court against Donald Trump’s official campaign committee: Donald J. Trump for President, Inc. (“Trump for President”).  Both lawsuits claim that Trump for President’s text message marketing practices violated the Telephone Consumer Protection Act (“TCPA”). How does the TCPA create

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TCPA Class Action Against CallFire Dismissed

November 5, 2015 On October 8, 2015, the United States District Court for the Southern District of California dismissed a putative class action complaint alleging that CallFire, Inc. (“CallFire”) violated the Telephone Consumer Protection Act (“TCPA”). CallFire offers an Internet-based platform through which customers may prepare a text message and send that message to a

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TCPA text messaging

FCC Creates TCPA Exemption for One-Time, On-Demand Text Messages

On July 10, 2015, the Federal Communications Commission (the “FCC” or “Commission”) released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the “TCPA”). In its response to one such petition filed by the Retail Industry Leaders Association (“RILA”),

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Court Rules AOL Not Liable Under the TCPA

June 11, 2015 On June 1, the United States District Court for the Northern District of California dismissed an action filed against AOL, Inc. (“AOL”) for alleged violations of the Telephone Consumer Protection Act (“TCPA”). The Court ruled that AOL’s Instant Messenger service, which allows users to send text messages, is not an automated telephone

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Facebook Sued for Alleged TCPA Text Messaging Violations

March 5, 2015 This Tuesday, Mr. Noah Duguid filed a class action lawsuit in California federal court against Facebook for allegedly sending automated text messages to mobile phone users without their prior express consent in violation of the Telephone Consumer Protection Act (“TCPA”). Mr. Duguid’s claim was initially brought in federal court in New York

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Life Time Fitness to Pay up to $15 Million to Settle TCPA Class Action

March 5, 2015 On February 25, 2015, the parties to a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed a proposed settlement agreement which may require health club operator Life Time Fitness (“LTF”) to pay up to $15 million in damages.  The settlement comes just 3 months after the plaintiffs’ class action lawsuit was

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