Three recent court decision in Telephone Consumer Protection Act (TCPA) lawsuits illustrate the complicated nature of this litigation. In each case, the plaintiffs behaved in ways that suggest the possibility of manufactured claims, but the defendants were unable to use those possibilities as viable defenses against the lawsuits.
Earlier this month, a district court in Washington ruled against Robinhood, the stock trading app and brokerage, in its attempts to get a text-message-based class action dismissed. What makes it especially notable is the class action is being brought under Washington’s Consumer Electronic Mail Act (CEMA) rather than the federal Telephone Consumer Protection Act (TCPA).
Tuesday, November 8 is election day in what is shaping up to be a busy midterm election year. That means that political campaigns, and the communications and marketing professionals that they hire, are sending campaign-related text messages in enormous volumes. Political campaign messages are afforded some exemptions and privileges under the Telephone Consumer Protection Act (TCPA).
A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include:
