On April 7, Contact Center Compliance hosted the second session in our ongoing Masterclass series. This session focused on consent and text message marketing, with a notable influence from the recent, significant Supreme Court ruling in Facebook v. Duguid.
It took less than a week for a District Court to cite the Supreme Court’s ruling in Facebook v. Duguid. In Montanez v. Future Vision Brain Bank, a Colorado court mentions the landmark SCOTUS ruling in Telephone Consumer Protection Act (TCPA) case against a cannabis dispensary. However, the court did not cite Facebook in order to dismiss the case—at least, not yet.
This morning, the Supreme Court handed down their highly anticipated ruling in Facebook v. Duguid. Upending Telephone Consumer Protection Act (TCPA) enforcement as we know it, the court finally set a nationwide precedent for how to interpret the law’s definition of automatic telephone dialing system (ATDS).
On March 10, Contact Center Compliance hosted the Consent Masterclass Series Part 1with Eric J. Troutman and Daniel Delnero from Squire Patton Boggs, Puja Amin from LoanDepot, and Jeremy Gladstone from Capital One.
Cannabis companies remain a significant target for Telephone Consumer Protection Act (TCPA) complaints. The latest—Montanez v. Green Peak Industries LLC—is a class action in the Western District of Michigan Court seeking a whopping $5,000,000 in damages.
Babe Ruth is quoted as having said, "Never let the fear of striking out keep you from playing the game." This may be good advice for a baseball player but it is bad advice for telemarketers who have to worry about the potentially enormous penalties associated with the Telephone Consumer Protection Act (TCPA).
A wide variety of different kinds of political campaigns have been the recipients of Telephone Consumer Protection Act (TCPA) lawsuits.
The most frequent point of emphasis for any Telephone Consumer Protection Act (TCPA) compliance strategy is to obtain proper consent. While nothing is foolproof with regards to the TCPA, properly obtained, well documented consent is an invaluable tool in defense of any TCPA litigation.
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era.
Following December’s oral arguments, the entire telemarketing industry is awaiting the Supreme Court’s decision in Facebook v. Duguid. Apparently, many lower courts that hear Telephone Consumer Protection Act (TCPA) cases are doing so, as well.