TCPA Lawsuit Filed Against Telemarketing Company and its Owners

Print Friendly, PDF & Email

February 27, 2018

TCPA Lawsuit

A complaint was recently filed in the United States District Court for the Southern District of California alleging violations of the Telephone Consumer Protection Act (“TCPA”) in connection with the receipt of unsolicited commercial telephone calls and text messages.  The complaint seeks to hold liable both the telemarketing company that allegedly placed the subject calls and text messages, as well as the individual owners of the entity.

What is the nature of the allegations set forth in the TCPA lawsuit?

In his papers, the TCPA lawsuit plaintiff sets forth a detailed narrative in which he explains that he received dozens of telephone calls and text messages advertising various financial products.  Alleging that he had never provided prior express written consent to receive such phone calls and text messages, the plaintiff contends that he then “played along” on the phone calls at issue in order to determine the identity of the telemarketers, who he claimed refused to initially identify themselves.  At the conclusion of the phone calls, the plaintiff consented to receive follow up information from the telemarketers via email, which allowed the plaintiff to confirm the identity of the telemarketing company.  Subsequently, the plaintiff conducted independent research to determine the identity of the telemarketer’s owners in order to name them individually in this TCPA lawsuit.

Protect Yourself Against TCPA Lawsuits

As this TCPA lawsuit demonstrates, it is critical for businesses to understand the scope of the TCPA and its implementing regulations.  Despite conducting telemarketing operations through an incorporated entity, the entity’s owners in the instant action confront significant personal liability. This is the case because the TCPA’s reach can extend to owners/employees that may be responsible for violative dialing practices.  Given the financial exposure that companies and their owners face in today’s regulatory environment, it is imperative to have telemarketing practices and procedures examined by experienced counsel.

If you are interested in learning more about this topic or need to review your telemarketing practices or marketing partner agreements, please e-mail us at, or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising

Have You Been Sued by Camp Drug Store for Alleged Fax TCPA Violations?

Court Approval Sought for TCPA Fax Class Action Settlement

Twitter Survives TCPA Text Messaging Class Action

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

New York Sweepstakes Law blog- Klein Moynihan Turco

New York Sweepstakes Law: Are You Compliant?

Print Friendly, PDF & Email

In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can eliminate one element of what would otherwise be an illegal lottery, in order to transform it into a legal promotional game. If the requirement to

TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Print Friendly, PDF & Email

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held

NY sports gambling law- Klein Moynihan Turco

Agreement Reached to Enact NY Sports Gambling Law

Print Friendly, PDF & Email

This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law.  Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York

UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

Print Friendly, PDF & Email

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”)

Running a Telemarketing Business?

Get a Free Compliance Review From an Experienced TCPA Lawyer.

Share on facebook
Share on google
Share on twitter
Share on linkedin