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Text Marketing

Is the TCPA Only for Cell Phones?

This is part of our ongoing series, Your Questions Answered. If you'd like to ask a question for a future entry, please fill out the form at the bottom.

President Trump’s Campaign Faces Another TCPA Complaint

While the election is less than a week away, the Telephone Consumer Protection Act’s (TCPA) risks for political campaigns remain in full force. A resident of New York state filed a lawsuit against President Trump’s re-election campaign alleging violations of the TCPA’s prohibitions against the use of an automatic telephone dialing system (ATDS).

Car Dealerships Settle TCPA Class Action for $850,000

A group of car dealerships settled a Telephone Consumer Protection Act (TCPA) class action—King v. Classic Chevrolet, Case No.: 4:19-CV-0429-CVE-JFJ, 2020 U.S. Dist. LEXIS 189783 (N.D. Ok.  October 14, 2020)—stemming from alleged text message marketing violations.

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.

TCPA for Text Messaging

In the world of telemarketing, different dialing methods carry different amounts of risk relating to potential Telephone Consumer Protection Act (TCPA) violations. Text platforms are one of the riskiest of all, in large part because the telemarketers who use them are often not aware of the risks.

Court Dismisses Vicarious Liability Claim in TCPA Class Action

Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find to be compelling.