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In the case of Marks v. Crunch Sand Diego, LLC., the court held that the defendant’s web-based system that was used to send text messages was not an automatic telephone dialing system.

Companies that use text messages, mobile apps and other wireless communications to promote their products and services must make sure that their marketing practices – and those of any third-party vendors that they use – comply with the new TCPA requirements.

In the fall of 2014, participants converged at the Hyatt Regency Hotel on Capitol Hill to hear from key speakers regarding developments in telemarketing law and regulation. Speakers included representatives from the FCC, FTC and CFPB, as well as panels of private attorneys and industry leaders.

One year ago today, significant TCPA changes involving cell phones and autodialers went into effect, forever changing our industry. So, what is the state of the regulatory environment one year after the TCPA compliance cliff?

The district court found that the TCPA provision that prohibits calls to “any telephone number assigned to … any service for which the called party is charged for the call” applied to the calls to the plaintiff’s VOIP line because the plaintiff was charged per call.

Albert A. Nigro v. Mercantile Adjustment Bureau. The FCC argued in their brief that the plaintiff had not consented to receive autodialed or prerecorded debt collection calls, by providing their number to the utility company as part of his effort to close a deceased family members’ account.

Thomas v. Taco Bell Corp. the Ninth Circuit recently upheld a lower court’s decision declining to extend vicarious liability under agency principles to the defendant in the case. Sherman v. Yahoo! Inc., denied a request by the defendant to reconsider the court’s earlier order denying summary judgment.