Telephone Consumer Protection Act (TCPA)

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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FCC Commissioner Michael O’Rielly published the following post on the Official FCC Blog: TCPA: It is Time to Provide Clarity. Commissioner O’Rielly stressed the need for the FCC to address TCPA petitions as soon as...

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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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Documents filed this week in the U.S. District Court for the Southern District of Florida reveal that a Florida mall developer and its mobile marketing service provider have agreed to pay $6,500,000 to settle claims...

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The Third Circuit issued an opinion last week addressing an apparent issue of first impression among circuit courts:  can consumers revoke their express consent to receive autodialed calls to their cell phones?  Yes, the Third...

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Only two months remain before the Federal Communications Commission’s updated consent requirements for marketing-related text messages take effect.  Violations will give rise to liability for statutory damages of $500-$1,500 per message, depending on the extent...

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On November 29, 2012, the Federal Communications Commission issued an important Declaratory Ruling concerning the legality of sending a text message to confirm a user’s request to opt-out of receiving future text messages.  As background,...

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