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LA Lakers Lose Appeal For TCPA Litigation Coverage

On August 23, 2017 the Ninth Circuit Court of Appeals affirmed the district court’s decision that the “invasion of privacy” exclusion in the Los Angeles Lakers’ Directors and Officers (D&O) insurance policy excluded them from recovering legal costs resulting from their defense against a TCPA claim.

Don’t Be Fooled: How Telemarketers Get Tricked Into Phony TCPA Lawsuits

Like a wolf in sheep’s clothing, the new breed of litigator may be hiding in your marketing data. Serial litigators are experienced plaintiffs who know all the tricks to lure a telemarketing business into a TCPA lawsuit; or worse, an even more costly class action. Serial litigators could be anyone, including the person receiving your next marketing call.

The Making of a TCPA Class Action Lawsuit

Del Valle v. Global Exchange Vacation Club. In this article, we examine a recent TCPA lawsuit to demonstrate the legal process for evaluating whether a case should move forward with class action status and touch on some simple things you can do to prevent cases like this before you begin your campaigns.

Court holds dialer vendor to be a common carrier, and therefore exempt from the TCPA

The United States District Court for the Western District of Washington just granted summary judgment for the defendant in a case that is great news for the dialer vendor industry. The court held that CallFire, a dialer vendor that simply transmits messages on behalf of their clients, was a common carrier, and therefore exempt from the TCPA.

Facebook's Motion to Dismiss a TCPA Lawsuit is Denied

The Northern District of California denied Facebook’s motion to dismiss a putative class action accusing the company of violating the TCPA. The plaintiff, Florida resident Colin R. Brickman, accuses Facebook of sending thousands of “happy birthday” texts without consent.