Telephone Consumer Protection Act

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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…

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…

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…

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…

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…

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…

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…

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…

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…

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…