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.
The FCC claims that Adrian Abramovich engaged in "neighbor spoofing," which is when ID information that is displayed on a caller ID is falsified to display the area code and the first three digits of the recipient's own phone number. This is a tactic used to increases the odds that the consumer will answer.
The quick answer . . . “Serial Litigators”. Who are they? Serial litigators opt into lead generation programs intent on turning them into TCPA and class action lawsuits. These experienced litigators have sued before and know exactly what they are doing.
According to industry reports, the FCC is expected to release the Do-Not-Call Registry of Public Safety Answering Points (PSAP) in 2017. After years of review, details will soon emerge that address access to the data by marketers and the corresponding fines directed at telemarketers for each violation.
The American Collections Association, along with 7 other companies and trade associations, all filed suit against the FCC in 2015 following the FCC's July 2015 Order "clarifying" the definition of an autodialer, who the "called party" is, and how to revoke consent.
The Federal Communications Commission held its first meeting of the Robocall Strike Force, with more than 33 companies and organizations represented for the concerted effort to strike out robocalls.
On August 19, 2016, the FCC hosted the first meeting of the Robocall Strike Force, an industry-led group that is committed to developing comprehensive solutions to prevent, detect, and filter unwanted robocalls.