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
The Telephone Consumer Protection Act
By Linn Foster Freedman on
Many companies’ sales and marketing department have no idea that there is a law that generally prohibits the use of robocalling or SMS texting for sales and marketing purposes without the express written consent of the recipient.
Many of us get spam calls on our cell phones and residential phone lines (if they still exist)…
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…
Outcome Health Settles TCPA Class Action Suit
By Linn Foster Freedman on
Posted in Telephone Consumer Protection Act, Websites
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
By Kathryn Rattigan on
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…
A&B Insurance Settles TCPA Class Action for $4.25 Million
By Kathryn Rattigan on
Posted in Telephone Consumer Protection Act, Websites
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
By Kathryn Rattigan on
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…
Central Payment Co. Settles TCPA Class Action for $6.5 Million
By Kathryn Rattigan on
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…
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…
American Eagle Settles TCPA Class Action for $14.5 Million
By Kathryn Rattigan on
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…