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Political Campaigns

TCPA Risks for Political Campaigns

As we reach the middle of the summer, we are approaching the homestretch of an election year. This means, among other things, that we are near a high water mark for political messaging by means of telephone solicitation. Some callers may be under the mistaken impression that political calls are exempt from the Telephone Consumer Protection Act (TCPA). This is not true.

Judge in Trump Campaign TCPA Lawsuit Adopts Marks Definition of ATDS

In the latest decision in the ongoing Telephone Consumer Protection Act (TCPA) class action against President Trump’s re-election campaign, the Eighth District Court of Appeals adopted the expansive definition of what constitutes an Automatic Telephone Dialing System (ATDS) previously set forth in the Ninth Circuit’s infamous, landmark decision in Marks v. Crunch San Diego, LLC.

TCPA Class Action Brought Against President Trump’s Campaign

While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.

Trump Campaign Faces Two TCPA Class Actions

Two different plaintiffs filed separate TCPA nationwide class actions in federal court for the Northern District of Illinois against Donald J. Trump for President, Inc.  Both plaintiffs allege that the Trump Campaign sent them a text message with the following message: “Reply YES to subscribe to Donald J. Trump for President.  Your subscription will help Make America Great Again!