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.
He calls himself a private attorney general—someone who files lawsuits in the public interest. But debt collection agencies have another name for him … Serial Litigator. Craig Cunningham has filed over 80 consumer protection lawsuits against companies that made the mistake of calling him on past due debts.
The answer is a resounding YES. Your business is in danger for as long as serial litigators can profit from continuing to target businesses that use telemarketing. Their mission is to entrap businesses, like yours, with exaggerated or fabricated claims of TCPA violations.
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.
On Friday, March 31, the D.C Circuit Court entered its ruling on Yaakov v. Federal Communications Commission vacating the part of the FCC's 2006 Fax Order that requires the inclusion of opt-out language on faxes that are sent with the prior consent of the recipient.
Last year saw nearly a 32% increase in number of the Telephone Consumer Protection Act (TCPA) case filings over the previous year.
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.
Calls with a prerecorded message or made using an automated telephone dialing system to a Voice-over-Internet number with limited minutes should be treated the same as calls to a cellphone under the Telephone Consumer Protection Act, a New York federal court has ruled.