TCPA

Strict ATDS Definition Results In TCPA Court Win

In Marshall v. The CBE Group, Inc. the plaintiff filed a TCPA lawsuit alleging that The CBE Group had called her using an ATDS. Citing the recent ACA v. FCC decision and stating that it would apply a strict definition of an ATDS, the court held that CBE's, "communications infrastructure does not constitute an ATDS."

DC Circuit Ruling on 2015 TCPA Omnibus Order

DC Circuit Issues Decision On The FCC’s 2015 TCPA Order

On Friday, March 16, 2018, the D.C. Circuit at last issued its long awaited decision on the challenge to the FCC's 2015 Omnibus Declaratory Ruling and Order. The court’s decision addressed claims that the FCC exceeded its authority in defining key elements of the TCPA.

US Coachways Wins $50 Million TCPA Insurance Claim

Court Rules $50 Million TCPA Settlement Is Covered By Insurance Policy

In a March 2018 court ruling, a New York Federal judge ordered Illinois Union Insurance Company to pay the $50 million settlement in a TCPA class action lawsuit against US Coachways. How did this happen?

Citibank Debt Collections TCPA Lawsuit Reinstated

TCPA Debt Collections Lawsuit Reinstated Against Creditor

The Ninth Circuit Court of Appeals reinstated a TCPA lawsuit previously dismissed for lack of Article III standing. The court’s decision to reinstate this lawsuit has important implications for defendants who challenge the TCPA at the pleading stage.

JPMorgan Agrees To $2.25 Million TCPA Class Action Settlement

Faced with possible fines in excess of $121 million, JPMorgan Chase agreed to a $2.25 million TCPA class action settlement. The financial services firm was accused of violating the TCPA by autodialing over 200,000 cell phones after their customers had already verbally revoked consent.

Court Decertifies TCPA Class Action Against Yahoo

The court which had initially certified a class action, found that significant questions about “consent” constituted grounds to decertify the class. The case is Johnson v. Yahoo!, Inc..

Supreme Court Rules The FCC Exceeded Its Authority

The Supreme Court denied the class action plaintiffs’ petition in Bais Yaakov of Spring Valley v. FCC. Ruling invalidates FCC rule that required advertisers to place opt-out notices on solicited faxes or pay penalties for non-compliance.

Debt Collection and the Reassigned Numbers Dilemma

Debt Collection: Reassigned Numbers Risk TCPA Violation

The problem of reassigned numbers has only worsened. At issue is use of the autodialer. Unfortunately, using an autodialer increases your risk for regulatory violations. Are you next?

Five Simple Tips For Telemarketers To Win Lawsuits

5 Simple Tips Help Telemarketers Win TCPA Lawsuits

Professional plaintiffs make their living off extracting large settlements from TCPA lawsuits against telemarketers for alleged regulatory violations that can go back several years. Here are few tips that will help mitigate the risks faced by call centers and provide you with standing in court.

TCPA Watch List: Issues For 2018

The TCPA continues as the statute of choice among plaintiffs and class action attorneys. Many of the problems that were inherent of the TCPA in 2017 are still with us as we move forward into what we expect to be a better year for businesses and telemarketing in particular.

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