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.
CITGO agreed to a $8.3 million TCPA class action settlement involving unsolicited text messages sent to contacts from a prior sweepstakes sponsorship.
The answer is a resounding YES. Your business is in danger for as long as serial litigators can profit from continuing to target businesses that use telemarketing. Their mission is to entrap businesses, like yours, with exaggerated or fabricated claims of TCPA violations.
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.
On June 13th, the Civil Justice Subcommittee of the U.S. House of Representatives Judiciary Committee held a hearing on lawsuit abuse and the TCPA. The goal of the subcommittee was to discuss ways of modernizing the TCPA which was written before widespread use of cell phones.
Members of a House subcommittee demonstrated their concern over the recent wave of abusive TCPA lawsuits filed by serial litigators.
The quick answer . . . “Serial Litigators”. Who are they? Serial litigators opt into lead generation programs intent on turning them into TCPA and class action lawsuits. These experienced litigators have sued before and know exactly what they are doing.
Can a text message platform that ONLY sends messages to a set list of numbers be considered an “autodialer” under the TCPA?
A Florida court granted the motion to certify the Technology Training Associates (TTA) lawsuit as a class action and approved the $19.5 million settlement amount.
After four years of litigation, the TCPA class action lawsuit Aranda v. Caribbean Cruise Line, Inc. was settled in February of this year for what is the largest settlement in TCPA history . . . $76 million. Naturally, the attorneys concluded that they deserved an equally historic financial reward.