Archives: Telephone Consumer Protection Act

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Questions to Consider Asking Your Broker About Cyberliability Coverage

One of the first questions we ask our clients when they call about a security incident is whether they have insurance that may cover the costs associated with investigating the incident, potential forensic analysis, and coverage for a data breach. Sometimes the client will say “Yes, we have cyber coverage.” However, when reviewing the coverage … Continue Reading

Privacy Tip #192 – Combating Robocallers: California AG Hits Scam Telemarketers with $1.5M in Judgments

Like many of you, I don’t answer my cell phone unless the number pops up as someone I know, because a majority of the calls I get are spam or robocalls. It’s so frustrating. Although these calls are probably a violation of the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC) – the … Continue Reading

Medical Marijuana Delivery App Agrees to Settle TCPA Case for $1.75M

The “Uber of weed” app developed by Eaze Solutions, Inc. (Eaze) provides information to users about the delivery of recreational and medical marijuana throughout California. Unfortunately, Eaze allegedly violated the Telephone Consumer Protection Act (TCPA) by inundating its users with unsolicited, autodialed text messages about how to buy marijuana. The named plaintiff alleges that she … Continue Reading

Plaintiff Argues GoDaddy Texting Campaign Used an Autodialer

Lead plaintiff, John Herrick, in the Telephone Consumer Protection Act (TCPA) class action lawsuit against GoDaddy.com LLC (GoDaddy.com) opposed an Arizona federal judge’s May 2018 decision to grant summary judgment in favor of GoDaddy.com. The court granted summary judgment on the grounds that the platform used to send the text messages did not qualify as … Continue Reading

TCPA Class Action filed Against Medspa for Unwanted Text Messages

Last week, Florida skin care spa, Medspa Del Mar LLC (Medspa) was hit with a Telephone Consumer Protection Act (TCPA) class action in federal court for allegedly using an automatic dialing system to send unwanted text messages advertising its treatments. Lead plaintiff claims that Medspa invaded her and other class members’ privacy by sending a … Continue Reading

Privacy Tip #154 – Accessing the Do-Not-Call Registry

The Federal Trade Commission (FTC) regulates the Telemarketing Sales Rule (TSR), which requires marketing entities to eliminate from telemarketing campaigns telephone numbers that are listed on the Do-Not-Call Registry (the Registry). Although many of us have both our residential and cell phone numbers listed with the Registry, we still get many, many annoying and inconvenient … Continue Reading

Another Employer in Illinois Hit With Class Action Over Biometrics

Companies doing business in Illinois should consider getting up to speed on the Illinois Biometric Information Privacy Act (BIPA). We have reported on numerous (but not all) cases filed against technology companies and employers for alleged violations of BIPA [view related posts here]. The class action lawsuits continue to get filed at a rapid pace, … Continue Reading

Supreme Judicial Court Rules Robocalls are Harassment

The Massachusetts Supreme Judicial Court (SJC) ruled this week in favor of a consumer who sued Target, alleging that it harassed her with robocalls. The plaintiff applied for a Target credit card, and subsequently got behind in payments. Starting in January 2015, Target contacted the debtor in an attempt to collect the debt. According to … Continue Reading

Outcome Health Settles TCPA Class Action Suit

Ever notice the flatscreen TVs and tablets in your doctor’s office that run different health-related and wellness stories? Many of them are provided by Outcome Health, which installs free TVs and tablets in doctor’s offices to provide educational material to patients while they are sitting in the waiting room. The company makes its money by … Continue Reading

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS violated the Telephone Consumer Protection Act (TCPA) by using auto dialer technology to solicit consumers to attend the “CAMfire conference.” The CAMfire Conference … Continue Reading

Nonprofit Fundraiser Escapes TCPA Case

An Illinois federal judge has ruled that a fundraising company working for a nonprofit, tax exempt organization did not violate the Telephone Consumer Protection Act (TCPA) when it called a number listed on the National Do Not Call Registry because the activity fell within the nonprofit exemption of TCPA. The ruling is significant as there … Continue Reading

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing if the text message completes a transaction. The class action alleged that Twilio violated the TCPA by sending consumers text messages … Continue Reading

A&B Insurance Settles TCPA Class Action for $4.25 Million

Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior express consent, as required by the TCPA, including some calls to consumers on the federal Do Not Call Registry. Lead plaintiffs, … Continue Reading

TCPA Class Action Tossed out After Hospital Provides Records Indicating Consent

Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld Systems, allegedly made autodialed calls to collect overdue hospital debts without prior patient consent. Lead plaintiff, Charles Ivy, former emergency room patient at the … Continue Reading

Gather App Hit with TCPA Class Action Suit

Gather, a free app designed to allow users to create event invitations and send them to their contacts has been hit with a proposed TCPA class action suit. The named plaintiff alleges that Gather tricks users into giving Gather their contacts and then uses the contact information to send unsolicited texts to their contacts without … Continue Reading

Central Payment Co. Settles TCPA Class Action for $6.5 Million

Last week, Georgia federal judge, U.S. District Judge Clay D. Land, approved the final order and judgment to settle class action claims that Central Payment Co. LLC (Central Payment) violated the Telephone Consumer Protection Act (TCPA) for $6.5 million. Lead plaintiff, Fred Heidarpour, claimed that Central Payment violated the TCPA by hiring third parties to … Continue Reading

Rite Aid Beats TCPA Lawsuit Over Flu Shot Reminder Prerecorded Calls

A group of Rite Aid customers sued Rite Aid in December of 2014 for alleged violations of the Telephone Consumer Protection Act when it sent flu shot reminders to consumer’s cellphones without written consent. On March 30, 2017, a federal district court judge in New York dismissed the proposed class action lawsuit by granting Rite … Continue Reading

Judge Finds Standing Based on Spokeo in TCPA Class Action

Last week, on March 22, 2017, U.S. District Judge Marcia G. Cooke, a Florida federal judge, determined that Ray Mohamed had standing in his proposed class action against Off Lease Only Inc. (Off Lease) for alleged violations of the Telephone Consumer Protection Act (TCPA) under the U.S. Supreme Court’s Spokeo decision. Judge Cooke concluded that … Continue Reading

TCPA Violations Claimed Against Rady Children’s Hospital in San Diego

Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls to consumers’ cell phones. The complaint, filed by two plaintiffs, Taneesha Crooks and Anthony Brown, states that “[Rady], either directly or through their … Continue Reading

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American Eagle send unsolicited text message messages to over 600,000 unique cell phone numbers without prior written consent as required by the TCPA. The … Continue Reading
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