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Kohls Class Action Dismissed

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.

Senate Hearing on Lawsuit Abuse

Senate Holds Hearing on Abusive Lawsuits

On November 8th, the Senate Committee on the Judiciary held a two hour hearing entitled “The Impact of Lawsuit Abuse on American Small Businesses and Job Creators”.
ish Network $61 Million TCPA Judgement

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.
Richard Cordray Resigns

CFPB Director Richard Cordray Resigns

The director of the Consumer Financial Protection Bureau, Richard Cordray, resigned on Wednesday. As one of the last remaining Obama-era banking regulators, he will step down at the end of November.
December Holiday Restrictions

December 2017 Holiday Call Restrictions

Calls to these states on restricted dates could result in a State violation.

  • December 25th: Christmas Day
  • December 26th: Day After Christmas
  • December 26th: Boxing Day
Salvat Solar Leads Settlement

FTC Shuts Down Lead Generation Business

A lead generation business in the solar industry settled with the FTC the charge that it violated the TSR. The companies, operated by brothers Francisco and Julio Salvat, placed millions of illegal calls to consumers listed on the Do Not Call Registry.
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.