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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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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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Federal Court Revives Suspended Judgment Against Text Message Marketing Company Principal        

November 9, 2016 In a decision that should grab the attention of marketers who operate through all media, a federal court has lifted a suspended judgment awarded to the Federal Trade Commission (“FTC”) against the owner of a text message marketing company. What led to the lifting of the suspended judgment against the text message …

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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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Edible Arrangements Faces TCPA Class Action

April 15, 2016 Last week, a putative class action complaint was filed in the United States District Court for the District of Connecticut alleging that Edible Arrangements, LLC (“EA”) sent automated text message advertisements without obtaining the prior express written consent of recipients in violation of the Telephone Consumer Protection Act (“TCPA”).  The TCPA class …

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Voiceshot Found to be Common Carrier Immune from TCPA Liability

February 26, 2016 On February 22, 2016, the United States District Court for the Northern District of Illinois granted summary judgment to Voiceshot LLC (“Voiceshot”), dismissing a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed against it. The Court concluded that Voiceshot, a company that offers web-based communication services that subscribers may access and …

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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?