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
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
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 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
PharMerica settled a Telephone Consumer Protection Act (TCPA) class action initiated by a group of nursing homes over allegations that the pharmacy inundated the nursing homes with unsolicited fax advertisements in violation of the TCPA. The class action was filed back in October 2013 after PharMerica sent out over 100 fax-blasts to advertise the “PharMerica … Continue Reading
Western Union will pay $8.5 million to settle alleged violations of the Telephone Consumer Protection Act (TCPA) when it sent consumers unsolicited text messages advertising an “opt-in” for receiving periodic automated updates concerning Western Union’s money and wire transfer services. Lead plaintiff, Jason Douglas, first received a text message from Western Union advertising its services … Continue Reading
Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to receiving automated text messages as a condition of using their services. Specifically, Lyft requires users to receive text messages and … Continue Reading
On September 11, 2015, Abercrombie & Fitch Co. (Abercrombie) and Hollister Co. (Hollister) agreed to settle a class action complaint alleging that the two clothing retailers violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited text messages to customers’ cell phones without prior written express consent. Abercrombie and Hollister agreed to pay $10 million … Continue Reading
On August 21, 2015, the 11th Circuit upheld the dismissal of a class action against DCI Biologicals, Inc. (DCI) for its alleged violations of the Telephone Consumer Protection Act (TCPA). DCI is a blood plasma collection center, and a blood plasma donor, Joseph Murphy, alleged that DCI sent him unsolicited text messages using an autodialer. … Continue Reading
On May 4, 2015, the Federal Communications Commission (FCC) cited three companies, Call-Em-All LLC (Call-Em-All), Ifonoclast Inc. (Ifonoclast) and M.J. Ross Group Inc. (M.J. Ross) (Ifonoclast and M.J. Ross conduct business as Phonevite and PoliticalRobocalls.com), for their unwanted robocalls, threatening statutory fines of up to $16,000 per violation if the violations of the Telephone Consumer … Continue Reading
On April 2, 2015, Ohio U.S. Magistrate Judge Stephanie K. Bowman ruled for the plaintiff, Benjamin Maraan, in his Telephone Consumer Protection Act (TCPA) case against Dish Network LLC (Dish). Maraan was awarded $12,000 for Dish’s 22 violations of the TCPA. Dish made these 22 calls to Maraan’s grandson’s cell phone using automated dialing technology … Continue Reading
Walgreen Co. this week settled a putative class action law suit alleging that it violated the Telephone Consumer Protection Act (TCPA) for $11 million. The plaintiffs alleged that Walgreen violated TCPA when it placed unsolicited prerecorded prescription refill reminders to customers on the cell phones. Walgreen defended the calls by stating that because the plaintiffs … Continue Reading
U.S. District Judge John A. Houston denied Guess, Inc.’s (Guess) Motion to Dismiss plaintiff, Farideh Haghayeghi’s, class action claims that Guess sent text messages in violation of the Telephone Consumer Protection Act (TCPA). Guess argued that Haghayeghi’s allegations were just “a patchwork recital” of TCPA regulations, and that the complaint had no facts to substantiate … Continue Reading
The Telephone Consumer Protection Act (TCPA) continues to be a mine field for companies and a boon for class action lawyers. The latest defendant is Wal-Mart, which in a proposed class action filed in federal district court in Georgia, is alleged to have violated the TCPA when it made at least 33 unsolicited automated calls … Continue Reading
On March 16, 2015, M&G Auto Parts Inc. (M&G) filed a proposed class action against Blimpie International Inc. (Blimpie) sub shops for its junk fax advertisements for daily lunch specials, which were sent on countless occasions between February and March 2015 in violation of the Telephone Consumer Protection Act (TCPA). If the New Jersey federal … Continue Reading
