TCPA

Meet Lemberg Law: Top TCPA Professional Plaintiff

Lemberg Law is just one example of the professional litigants flooding contact centers and their clients with TCPA and related lawsuits.

They have automated the process of documenting complaints from consumers with a Legal Call Blocker application that allows consumer to file complaints directly from their wireless devices.

Here are some startling facts:

2 Recent Cases Address ATDS Definition in Helpful Way

McKenna v. WhisperText. The defendant sent text messages to the plaintiff at the direction of third parties. Glauser v. GroupMe. The plaintiff was added to a text message group by a third party.

Twitter Loses Motion to Dismiss in Nunes v. Twitter TCPA case

Twitter recently had their motion to dismiss denied in a case that presents several alarming legal trends for the call center industry. Two primary issues stand out in this case. First, the number that received a text message from Twitter was a “recycled” number.

Happy New year from the TCPA!

2014 saw an increase in TCPA litigation, especially class action litigation, as well as significant FTC and FCC enforcement. In 2014, we grappled with what the new “written consent” standard meant, and dozens of TCPA-related petitions were filed with the FCC. New risks related to VoIP and wireless lines emerged.

Contact Center Compliance Announces Litigator Scrub®

Litigator Scrub® mitigates TCPA and related lawsuit risk by identifying potential litigator traps in your data before you call known plaintiffs and attorneys. Protect your business from costly serial plaintiffs and class actions by removing these numbers today.

TCPA Compliance Case Update: Favorable ruling in California on ATDS Issue and Fax Opt Out Clarified by FCC

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.

TCPA Wireless Compliance Cliff: Lessons Learned One Year Later

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?

Watch out when Calling VoIP phone numbers. TCPA Case Makes it More Dangerous than Ever

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.

Updates on Consent in Recent TCPA Cases

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.

Court Struggles in Interpreting the TCPA

On July 7, the District Court for the Northern District of Illinois in Kolinek v. Walgreen Co. issued an order vacating its earlier order dismissing the case.

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