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District Court Rules That TCPA Was Unconstitutional Between 2015 and 2020

A district court in Louisiana has rendered an unexpected decision in a Telephone Consumer Protection Act (TCPA) class action that interprets the Supreme Court’s recent Barr v. American Association of Political Callers decision such that it retroactively renders the TCPA unconstitutional from November 2015 until June of this year.

Top 5 TCPA Traps

TCPA litigators and serial plaintiffs want to infiltrate your marketing campaigns. Their modus operandi involves taking advantage of unsuspecting marketers and well-intentioned companies who may not know that they are required to abide by the TCPA.

District Court Rules That Texts Responding to Customer Inquiries Do Not Violate TCPA

When the Telephone Consumer Protection Act (TCPA) was passed into law in 1991, one of its primary purposes was regulating the then-current practice of sending junk faxes. In the intervening 29 years, telecommunications technologies have dramatically changed (several times over) but the law that is the centerpiece of federal telemarketing regulations has remained largely the same.

Recent Court Decisions Highlight How Costly the TCPA Can Be

As we find ourselves in limbo between the anticlimactic Barr Supreme Court case and the potentially momentous Facebook case, Telephone Consumer Protection Act (TCPA) litigation continue apace. Two recent court decisions illustrate just how expensive TCPA class actions can be for defendants and how lucrative they can be for plaintiffs attorneys.

Quicken Loses in Attempt to Compel Arbitration in TCPA Class Action

Mortgage lending giant Quicken Loans lost a motion to compel arbitration in a Telephone Consumer Protection Act (TCPA) class action. The details of the case demonstrate that a TCPA compliance program is of little use without proper understanding of how the compliance technology works.