Class Actions

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Compliance Refresher: Why Text Messaging Is Still Risky Post-Facebook

The Supreme Court’s decision in Facebook v. Duguid changed many aspects of Telephone Consumer Protection Act (TCPA) compliance.

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January Compliance and Deliverability News Grab Bag

Once again, there are a number of notable stories from the past month relating to Telephone Consumer Protection Act (TCPA) compliance, Florida Telephone Solicitation Act (FTSA) compliance, and call deliverability that are worth gathering in one blog post.

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Real Estate Company Reaches $40 Million TCPA Settlement

Real estate franchisor Keller Williams agreed to settle a Telephone Consumer Protection Act (TCPA) class action for $40 million. The settlement is in response to complaints covering a wide variety of alleged violations—National Do Not Call (DNC) Registry violations, internal DNC list violations, prerecorded voice violations, and automatic telephone dialing system (ATDS) violations.

An iPhone sits on a mess desk displaying the HelloFresh page in the App Store

Court Nixes $14 Million HelloFresh TCPA Settlement

Last year, HelloFresh entered into a $14 million class action settlement for violations of the Telephone Consumer Protection Act (TCPA). This week, a court threw out that settlement due to issues relating to the composition of the class and the different kinds of TCPA violations committed by the defendant.

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Oklahoma Telephone Solicitation Act Webinar Recap

We recently hosted a webinar breaking down the Oklahoma Telephone Solicitation Act of 2022 (OTSA). The webinar was hosted by CCC’s Director of Compliance Services, Arvell Craig, with our guest, Aaron C. Tifft from Hall Estill, offering his expertise.

A hand holds a smartphone showing a chatbot conversation, in the background a laptop is open showing an email inbox

Litigators Targeting Chat Bots for CIPA Wiretapping Claims

Back in June, we covered an unusual case, Javier v. Active Prospect, in which the Ninth Circuit issued an unpublished opinion in which it accepted a plaintiff’s argument that the use of Active Prospect’s TrustedForm screen recording technology to capture consumer consent could constitute illegal wiretapping under the California Invasion of Privacy Act (CIPA).

A businesswoman is talking on two phones—one black, one red—at the same time

Ninth Circuit Affirms That B2B Texts Are Subject to the TCPA

Last week the Ninth Circuit issued a ruling in a Telephone Consumer Protection Act (TCPA) class action reversing a lower court decision on the application of the TCPA’s regulations to business-to-business (B2B) text messages.

Recent Multimillion-Dollar Settlements Show TCPA Danger Remains

Sometimes it may mistakenly seem as if all is quiet on the Telephone Consumer Protection Act (TCPA) front. However, these seeming trends do not mean that the dangers of TCPA have abated in any significant way.

woman standing by at political campaign by voting ballot smiling doing phone gesture with hand and fingers like talking on the telephone and holding a patriotic button that says, "vote"

Political Calls Remain a Target of Litigation

As election day approaches, TCPA lawsuits over political calls and texts are being filed, even in disregard of recent Supreme Court precedent.

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Robinhood Sued Under Washington State Law for Referral Texts

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).

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