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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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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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FCC Grants TCPA Exemption for Package Delivery Alert Text Messages

On March 27, 2014, the Federal Communications Commission (“FCC”) issued an Order granting package delivery companies an exemption from the Telephone Consumer Protection Act (“TCPA”) to permit them to alert wireless consumers about delivery of their packages, as long as consumers are not charged and may easily opt-out of future messages. Background The Order was

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Alleged Text Message Spammer Settles with FTC

The Federal Trade Commission (“FTC”) recently entered into a court-approved settlement agreement with Jason Q. Cruz, individually and doing business as Appidemic, Inc., who was accused of transmitting unsolicited commercial text messages offering consumers free merchandise, including $1,000 gift cards to large retailers and iPads. According to the FTC, none of the merchandise actually was

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New FCC 911 Requirement May Be Coming Soon

Closing in on his third month as Federal Communications Commission (“FCC”) Chairman, Tom Wheeler made clear in a blog post on the FCC website that one of his main priorities is to ensure that telecommunications service providers supply their customers with the most up-to-date emergency service technologies. 911 Text Requirements While the FCC chairman spoke

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TCPA Class Action Certified Against Retailer that Sent Text Messages to VIP Customers

In an Illinois federal action that has been heavily litigated for over a year and has gone through several named plaintiffs, a magistrate judge recently recommended that the putative class be certified against a popular Chicago retailer, Akira, which was charged with violating the Telephone Consumer Protection Act (“TCPA”) for using an automated telephone dialing

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Mobile Marketing Company Settles Cramming Allegations for $10+ Million

As part of the increased regulatory focus on the mobile marketing space, the Federal Trade Commission (FTC) brought suit against Wise Media, LLC, and its officers individually, alleging mobile telephone bill “cramming” in violation of the FTC Act and other applicable laws.  For those that are unfamiliar with the term, “cramming” is the act of placing unauthorized charges on

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