TCPA

TCPA Healthcare Exception Tested in Court

The Healthcare Exception to the TCPA had its day in court this month. In their decision, the U.S. Court of Appeals for the Second Circuit issued a broad interpretation for automated calls delivering healthcare messages.

Court To Decide Major TCPA Changes

It could be the most important court decision to affect the telemarketing industry since the enactment of the Telephone Consumer Protection Act of 1991. The issues of concern in ACA Int’l v. FCC are autodialers, reassigned numbers, and revocation of consent.

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B2B Marketing: Winning the Struggle with TCPA Compliance

Telemarketing regulations are very complex and often confusing to companies both large and small. That is especially true for business-to-business marketers.

Single Unanswered Telemarketing Call Triggers TCPA Lawsuit

The U.S. Court of Appeals for the Third Circuit recently ruled that a single pre-recorded message left on someone’s voicemail is cause for a TCPA lawsuit.

Court Dismisses Kohl’s TCPA Class Action

The New Jersey district federal court dismissed a putative class action against Kohl’s Department Stores. In its decision, the court rejected the plaintiff’s claim that sentence long opt-out replies to automated text messages were a “reasonable” method for revoking consent under the TCPA.

Dish Network’s Damages TREBLED for TCPA Violation

The federal court denied Dish Network’s motion to reduce or set aside the trebled damages awarded in Krakauer v. Dish Network. Dish ordered to pay treble damages of $61.5 million to class members in a TCPA lawsuit.

$9 Million TCPA Class Action Settlement Against Pivotal Payments

Pivotal Payments, Inc., a Texas-based payment processor, will pay $9 million to resolve a class action brought by Abante Rooter and Plumbing Inc. The settlement agreement ends the lawsuit accusing Pivotal Payments of violated the TCPA.

FCC Petition Seeks Comments on Liability for Tech Errors

TCPA Petition Seeks Safe Harbor For Technical Errors

A new TCPA petition has been filed with the FCC and the agency is now seeking public comments. Outcome Health is seeking clarification on the rule that an unknowable text messaging technical error is protected from liability under the 2012 Soundbite Declaratory Ruling.

Should Your Small Business Fear The TCPA?

For small business owners who use telemarketing, each call puts your business at risk of paying millions in fines under the TCPA. Are you familiar with the regulations and their court interpretations?

Reyes Vs Lincoln Automotive Case Decision

Motion Denied to Rehear “Revocation of Consent” Case

On October 20, 2017 the Second Circuit Court of Appeals denied the plaintiff's motion for rehearing its decision in Reyes v. Lincoln Automotive Financial Services.

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