Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook
The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance.
DNC
January Compliance and Deliverability News Grab Bag
Once again, there are a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post.
Real Estate Company Reaches $40 Million TCPA Settlement
Real estate franchisor Keller Williams agreed to settle a Telephone Consumer Protection Act (TCPA) class action for $40 million. The settlement is in response to complaints covering a wide variety of alleged violations—National Do Not Call (DNC) Registry violations, internal DNC list violations, prerecorded voice violations, and automatic telephone dialing system (ATDS) violations.
TCPA Outlook for 2023 Webinar Recap
Earlier today we hosted a webinar, TCPA Outlook for 2023 with Czar of TCPAWorld, Eric J. Troutman. It was a wide ranging, informative, somewhat off the cuff discussion between Eric and Contact Center Compliance Director of Compliance Services, Arvell Craig. They covered the current state of the marketing and calling industry and what likely lies in the year ahead.
Court Nixes $14 Million HelloFresh TCPA Settlement
Last year, HelloFresh entered into a $14 million class action settlement for violations of the Telephone Consumer Protection Act (TCPA). This week, a court threw out that settlement due to issues relating to the composition of the class and the different kinds of TCPA violations committed by the defendant.
New York Requires DNC Disclosures to Come at the Outset of Calls
New York Governor Kathy Hochul signed new telemarketing legislation relating to do not call (DNC) list disclosures.
Pennsylvania AG Sues Marketer for Supplying Leads to Robocallers
Last week, Pennsylvania Attorney General Josh Shapiro announced that he had filed a lawsuit against a digital marketer for generating leads that allegedly resulted in “hundreds of thousands of unwanted robocalls to be placed to Pennsylvania consumers.” Shapiro’s lawsuit alleges that Fluent, Inc. and its subsidiaries “collected personal information, including telephone numbers, and that was then sold to telemarketing companies.”
Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA
Last week the Ninth Circuit issued a ruling in a Telephone Consumer Protection Act (TCPA) class action reversing a lower court decision on the application of the TCPA’s regulations to business-to-business (B2B) text messages.
Recent Multimillion-Dollar Settlements Show TCPA Danger Remains
Sometimes it may mistakenly seem as if all is quiet on the Telephone Consumer Protection Act (TCPA) front. However, these seeming trends do not mean that the dangers of TCPA have abated in any significant way.
Recent TCPA Decisions Focus on the Difficulty of Proving Manufactured Claims
Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits.