Archives: Telephone Consumer Protection Act

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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

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

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

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

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

Class Certification Denied in TCPA Action Against Dick’s Sporting Goods

Last week, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s) because the court determined that the named plaintiff, Phillip Nghiem, was not an adequate class representative. Dick’s presented evidence to the court … Continue Reading

US Coachways Settles TCPA Class Action for $49.9 Million

Last week, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone Consumer Protection Act (TCPA) violations. The class action alleged that US Coachways sent a “staggering” amount of text messages to … Continue Reading

FCC and Federal Debt Collectors, More Restrictions under TCPA

In July we wrote about the exemption for robocalls made by the federal government (or its contractors) from the restrictions of the Telephone Consumer Protection Act (TCPA). Now, the Federal Communications Commission (FCC) added another caveat to the TCPA, advising that while federally backed debt collection calls to consumers at risk of delinquency are exempt … Continue Reading

Federal government and their contractors immune from TCPA restrictions

Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA). Because the federal government does not meet the definition of ‘person’ under the TCPA, the federal government and its contractors who are … Continue Reading

Uber hit with class action case for sending political texts to customers

Uber Technologies, Inc. was hit with another class action lawsuit [view previous post here] last week for allegedly violating the Telephone Consumer Protection Act (TCPA) when it sent text messages to its customers without prior written consent. The suit, filed in federal court in Texas, alleges that Uber sent text messages to its customers to … Continue Reading

Caribou Coffee faces TCPA class action for unwanted text messages

Caribou Coffee Co. Inc. (Caribou Coffee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to thousands of individuals who never consented to receive those text messages. Lead plaintiff, Kristie Farnham, alleges that she received over … Continue Reading

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The case was filed in federal court in the Northern District of Illinois. The suit alleges that the text messages were … Continue Reading

Facebook argues Motion to Dismiss in ‘happy birthday’ message campaign TCPA class action

On April 25, 2016, Facebook Inc. (Facebook) pled with a California federal judge, asking that the court dismiss the claims filed against the social media giant for its alleged Telephone Consumer Protection Act (TCPA) violations. We wrote about this class action when it first surfaced back in February, and now Facebook hopes that the court … Continue Reading

Debt collector, Portfolio Recovery Associates, to pay $18 million to settle TCPA violations

Portfolio Recovery Associates LLC (Portfolio Recovery) agreed to pay $18 million to end multi-district litigation against the debt collection company for its alleged violations of the Telephone Consumer Protection Act (TCPA). The claims against Portfolio Recovery alleged that the company made autodialed telephone calls to consumers without their consent. All consumers who received an autodialed … Continue Reading

Robocalls offering ‘free cruise’ for completion of political survey TCPA violation

This week an Illinois court found that Economic Strategy Group (ESG) violated the Telephone Consumer Protection Act (TCPA) by making robocalls to almost 1 million individuals purporting to be conducting a political survey but also offering a “free cruise” for taking part in the survey. U.S. District Judge Matthew F. Kennelly said in his lengthy … Continue Reading

FTC files complaint against solar panel company for do-not-call violations

The Federal Trade Commission (FTC) filed a complaint against Francisco J. Salvat and his companies KFJ Marketing, LLC, Sunlight Solar Leads, LLC, and Go Green Education (collectively, Defendants) for violations of the Telemarketing Sales Rule (TSR), failure to honor do not call requests, failure to transmit caller identification, and for initiation of unlawful prerecorded telemarketing … Continue Reading

Patients provide cell phone number to hospital, debt collection calls are okay under TCPA

The 6th Circuit upheld the 2014 Ohio federal court’s decision in Mais v. Gulf Coast Collections Bureau stating that two hospital patients who provided their cell phone numbers to the hospital where they sought treatment, in effect, provided consent in accordance with the Telephone Consumer Protection Act (TCPA) to receive automated calls from the debt … Continue Reading

‘Happy Birthday to you,’ Facebook hit with class action over text message reminders

“Today is [Facebook friend’s] birthday. Reply to post a wish on her Timeline or reply with 1 to post ‘Happy Birthday!’” Facebook, Inc. (Facebook) faces a class action in California federal court for alleged violations of the Telephone Consumer Protection Act (TCPA) by sending its users unsolicited, automated text messages to remind the users of … Continue Reading
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