A new ruling in New York specifies that litigators can effectively go after well-intentioned individuals for TCPA violations, not just businesses. The ruling also extends prosecution beyond those who directly committed the violation. Anyone associated with the action, such as a supervisor or director could be held responsible.
Two recient cases indicate that not only are private plaintiffs suing at a higher rate, but also state’s Attorney General offices are involved as well. With such increased involvement, this is another reason companies and marketers should be scrubbing federal and state do-not-call lists.
A Plaintiff filed a lawsuit in the Southern District of Florida against The CBE Group, Inc. (CBE) and Verizon New England, Inc. (Verizon) alleging violations under the TCPA, among others. All parties moved for partial summary judgment arguing that there is no genuine dispute of material fact regarding Defendants’ liability under the TCPA or CBE’s liability under the FDCPA and FCCPA.
We all remember Lynn v. Monarch Recovery Services, in which the 4th Circuit Court of Appeals decided calls made to a residential VoIP number where the owner was charged for the call, were illegal, just as if they had been made to a wireless phone without written consent.
Earlier this month the 9th Circuit upheld the district court’s grant of summary judgment in the case of Shaya Baird v. Sabre, Inc., et al. The case concerned an unsolicited text message that was sent to the plaintiff’s cell phone.
Most businesses are aware that California is a hotbed of TCPA litigation, but this is in part due to California having the largest population of any state in the country. When you compare the number of known litigants in each state (and D.C.) with the state/district’s population, the results may surprise you.
In a breath of fresh air, the United States District Court for the Middle District of Florida has granted the defendant’s motion for partial summary judgment in the case of Estrella v. LTD Financial Services, LP.
On November 16, 2015 the FCC issued a limited waiver to National Grid to let them use a registered DBA when leaving prerecorded messages. This waiver gives National Grid a limited exemption from 47 C.F.R.
