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
Telephone Consumer Protection Act
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…
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…
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…
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…
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…
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,…
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…
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…
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…