Telephone Consumer Protection Act (TCPA)

Class-action risk increases for most companies under the Telephone Consumer Protection Act (“TCPA”) following the July 10, 2015 release of the omnibus Declaratory Ruling and Order (“Order”) by the Federal Communications Commission (“FCC”). For some...

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Companies involved in telemarketing or in the transmission of text messages have been patiently waiting for the FCC to act on the plethora of petitions seeking clarification on the Telephone Consumer Protection Act (“TCPA”). Indeed,...

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In class actions under the Telephone Consumer Protection Act (“TCPA”), if defendant offers the named plaintiff complete relief for his TCPA claim, does such an offer moot plaintiff’s case? The Supreme Court announced on May...

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Companies who call customers or send text messages to customers are abundantly aware of the potential risk under the Telephone Consumer Protection Act (“TCPA”). Increasingly, lawsuits are being filed against other companies that are simply...

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Earlier this week, Papa John’s dropped its appeal of a lower court decision finding that AIG Affiliates, National Union Fire Insurance Co. and American Home Insurance Co., did not have a duty to defend or...

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The Federal Trade Commission has secured a stipulated judgment against a marketer who allegedly sent millions of deceptive text messages. The enforcement action is notable for the FTC’s suggestion that sending text messages without consent...

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