In our previous coverage of the intersections between politics and the Telephone Consumer Protection Act (TCPA), we have largely focused on lawsuits faced by campaigns for elected office, such as those conducted by President Trump and
A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok. October 14, 2020)—stemming from alleged text message marketing violations.
A district court in Louisiana has rendered an unexpected decision in a Telephone Consumer Protection Act (TCPA) class action that interprets the Supreme Court’s recent Barr v. American Association of Political Callers decision such that it retroactively renders the TCPA unconstitutional from November 2015 until June of this year.
TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the TCPA.
Arbitration clauses can be a useful tool for Telephone Consumer Protection Act (TCPA) defendants but, as a recent Second Circuit decision demonstrates, the details of how they are implemented matter a great deal for their enforceability.
A recent ruling in a Telephone Consumer Protection Act (TCPA) class action illustrates how the TCPA risks incurred by political campaigns can be spread to the platforms that those campaigns use to send their messages.
If there is one constancy in Telephone Consumer Protection Act (TCPA) litigation, it is its inconsistency.
When the Telephone Consumer Protection Act (TCPA) was passed into law in 1991, one of its primary purposes was regulating the then-current practice of sending junk faxes. In the intervening 29 years, telecommunications technologies have dramatically changed (several times over) but the law that is the centerpiece of federal telemarketing regulations has remained largely the same.
As we find ourselves in limbo between the anticlimactic Barr Supreme Court case and the potentially momentous Facebook case, Telephone Consumer Protection Act (TCPA) litigation continue apace. Two recent court decisions illustrate just how expensive TCPA class actions can be for defendants and how lucrative they can be for plaintiffs attorneys.