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Court Dismisses Kohl’s TCPA Class Action

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 Wireless Regulations

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.

$120 Million Fine Largest Ever Against CallerID Spoofer

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.

Why Are There So Many TCPA Lawsuits Today

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.

PSAP Registry - An Imminent Reality

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.

Federal Judges Grill FCC During October 19 Hearing on ACA Appeal

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.