Telephone Consumer Protection Act

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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…

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…

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…

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…

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…

Many of our clients have customer call centers to help customers with varied questions or concerns. Those who work in customer service, and in call centers tend to patient and helpful. But sometimes being too helpful can land the company in the middle of a fraud scheme.

We are seeing primarily foreign individuals use traditional…

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…

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…