Archives: Telephone Consumer Protection Act

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Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of Family Educational Rights and Privacy Act (FERPA) and the Telephone Consumer Protection Act (TCPA) as it applies to educational … Continue Reading

Advanced Care Scripts Settles Pending TCPA Class Action for $9.25 Million

Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC (Jefferson Radiation), a Louisiana-based treatment facility. Plaintiffs alleged that Advanced Care sent fax advertisements that violated the Telephone Consumer Protection Act (TCPA), by … 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

Cruise Line to Pay up to $76 Million to Settle TCPA Violations

Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million). The three were sued for violating the TCPA by robocalling millions of individuals with offers for free trips. The … 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

FCC Exempts Schools and Utilities from TCPA for Emergencies

On August 4, 2016, the Federal Communications Commission (FCC) issued a ruling applicable to schools and utilities regarding the application of the Telephone Consumer Protection Act (TCPA) to robocalls and text messages to wireless numbers in emergencies. The FCC ruling states that schools can make robocalls and sent automated texts to wireless phones without consent … 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

TCPA class action against Sabre (Hawaiian Airlines) tossed out

Last week, the Ninth Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Sabre Inc. (Sabre) because the court determined that the lead plaintiff, Shaya Baird, had consented to receiving text messages by providing her phone number when she booked a flight with Hawaiian Airlines. Baird’s complaint alleged that Sabre sent her an … Continue Reading

Victoria’s Secret hit with TCPA class action for text messages

Last week, Victoria’s Secret was hit with a class action in California alleging that the lingerie company sent Michael Hannegan almost 100 texts in one day in violation of the Telephone Consumer Protection Act (TCPA). Hannegan admits he did opt-in to receiving promotional texts from Victoria’s Secret in May of this year, but Victoria’s Secret … Continue Reading

FCC clarifies TCPA liability for texting

The Federal Communications Commission (FCC), in a denial of a petition from a company that provides bulk marketing texts for other companies, clarified that it will maintain separate standards for fax and text messaging senders when looking to investigate and enforce violations of the Telephone Consumer Protection Act (TCPA). In essence, the FCC stated that … Continue Reading

Mortgage company pays $7.4 million to settle TCPA violations

Mortgage Investors Corp. (MIC) settled a class action this week for $7.4 million for its alleged violations of the Telephone Consumer Protection Act (TCPA) in an Oregon federal court. Plaintiffs stated in their complaint that MIC made millions of unsolicited telephone calls to veterans marketing refinancing options for their home loans. Plaintiffs also alleged that … Continue Reading

The “Going Dark” problem

“Going Dark” refers to law enforcement’s lack of technical ability to intercept and access communications and information. In response, the Department of Justice (DOJ) is using a law from the 1700s, the All Writs Act, which grants courts the power to issue “necessary or appropriate” writs to force cellphone manufacturers to assist it in extracting … Continue Reading

Over 70 million prison phone records leaked

Securus Technologies (Securus), which provides phone services for many of the country’s prisons, experienced a breach of over 70 million phone records from over 37 states. The data leaked includes downloadable recordings of inmate calls from December 2011 to sometime in the Spring of 2014. The data was provided to The Intercept, an online media … Continue Reading
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