Telephone Consumer Protection Act (TCPA)

When you offer a website with services and offerings that are accessible to millions of people with a simple click of a mouse, one important way to reduce risk is to craft an enforceable arbitration...

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TCPA Farmers Lose a Crop to Spokeo

July 12, 2016 | 0 Comments

Melody Stoops’s TCPA-claim business just took a hit. Here’s how she built her scheme, and what went wrong, according to the recent decision in Stoops v. Wells Fargo Bank. Stoops knew that the federal Telephone...

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An exception to a consent requirement for some non-marketing text messages and calls has survived another misplaced legal challenge, but you probably shouldn’t rely on the exception. Here’s why. First, some background: The federal Telephone...

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The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit...

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The Federal Trade Commission has had a busy month. Among other things, the FTC issued a final rule incorporating amendments to the Telemarketing Sales Rule (“TSR”). Most amendments are effective February 12, 2016. As background,...

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Before the proverbial ink had even dried on the FCC’s TCPA Omnibus Order, one party is already challenging its legality. ACA International filed a Petition for Review on the day of the Order’s release, followed...

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