The New Jersey district federal court dismissed a putative class action against Kohl’s Department Stores. In its decision, the court rejected the plaintiff’s claim that sentence long opt-out replies to automated text messages were a “reasonable” method for revoking consent under the TCPA.
TCPA regulations have forced a shift in marketing strategies to be more focused on "permission based" marketing practices. The burden of proof for obtaining "prior written consent" rests with the company initiating the contact with the customer.
Transworld Systems Inc. (TSI) scored another victory in its defense against a TCPA lawsuit that sought to categorize their LiveVox Human Call Initiator devise as an Automated Dialing System (ATDS). The plaintiff claimed that TSI violated the TCPA when they made multiple debt collections calls to his cellphone without his prior expressed consent.
Like a wolf in sheep’s clothing, the new breed of litigator may be hiding in your marketing data. Serial litigators are experienced plaintiffs who know all the tricks to lure a telemarketing business into a TCPA lawsuit; or worse, an even more costly class action. Serial litigators could be anyone, including the person receiving your next marketing call.
Members of a House subcommittee demonstrated their concern over the recent wave of abusive TCPA lawsuits filed by serial litigators.
Can a text message platform that ONLY sends messages to a set list of numbers be considered an “autodialer” under the TCPA?
In Epps v. Earth Fare Inc., plaintiff Jalen Epps sued organic grocer Earth Fare for alleged violations of the Telephone Consumer Protection Act (TCPA). Ms. Epps claimed that Earth Fare continued to send her marketing texts, despite her many attempts to opt out.
The Northern District of California denied Facebook’s motion to dismiss a putative class action accusing the company of violating the TCPA. The plaintiff, Florida resident Colin R. Brickman, accuses Facebook of sending thousands of “happy birthday” texts without consent.
