Tag Archives: Telephone Consumer Protection Act

Context Matters: An ‘Established Business Relationship’ Can Be Created During a ‘Telephone Solicitation,’ Thus Preventing Subsequent Calls From Violating the TCPA

By Rand L. McClellan on July 23, 2020 Posted in Telephone Consumer Protection Act

A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio). A copy of the opinion is attached; the defendants in this matter are represented by … Continue Reading

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

By Alan L. Friel and Melinda L. McLellan on March 19, 2018 Posted in Advertising, Marketing

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015 Order). We have previously explained the challenges created by the July 2015 Order here and here. On the whole, the unanimous 3-0 Decision offers some good … Continue Reading

Revocation of Consent Under the TCPA

By Moustafa Badreldin on July 20, 2017 Posted in Mobile Privacy, Privacy Litigation

The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from making “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without … Continue Reading

FCC Closes Year With Enforcement Advisory on Text Messages

By Alan L. Friel on December 30, 2016 Posted in Mobile Privacy

Almost a year and a half after the Federal Communications Commission (FCC or Commission) issued a rule update to its rules and regulations implementing the Telephone Consumer Protection Act (TCPA) (2015 FCC TCPA Omnibus Ruling and Order),[1] which we discussed then here, the Commission, in a formal Enforcement Advisor (Advisory), has warned companies that use … Continue Reading

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

By Daniel Goldberg on September 16, 2015 Posted in Mobile Privacy

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection Act (“TCPA”) class action on grounds that the plaintiff failed to allege that the defendant used an Automatic Telephone Dialing System … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

By Tanya Forsheit, Alan L. Friel and Melinda L. McLellan on July 22, 2015 Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry

Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

By Casie Collignon and Justin Winquist on September 15, 2014 Posted in Privacy Class Actions

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of Alabama magistrate judge recommended dismissal on September 3, 2014 of most of the plaintiff’s claims on grounds that the plaintiff gave Coca-Cola prior … Continue Reading

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

By Judy Selby on October 21, 2013 Posted in Privacy Class Actions

Co-authored by: Zack Rosenberg Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that they received unwanted calls, texts or … Continue Reading

New Jersey Judge Certifies TCPA Junk Fax Class

By BakerHostetler on October 6, 2013 Posted in Data Breaches, Marketing

Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. § 227(b)(1)(C)). In A&L Industries Inc. v. … Continue Reading

Are You Ready for the New Telephone and Text Marketing Rules?

By Gerald J. Ferguson on October 2, 2013 Posted in Marketing, Mobile Privacy

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA) (47 U.S.C. 227), telephone and text marketers could telephone and text market to consumers’ residential phones using autodialing equipment that is standard in call center operations, … Continue Reading

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

By Judy Selby on June 3, 2013 Posted in Privacy Class Actions

This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v. Lay, 2013 IL 114617 (Ill. 2013). In so … Continue Reading

Recent Trends in Class Actions for Telephone and Fax Solicitation and Advertising

By Craig A. Hoffman on December 17, 2012 Posted in Privacy Class Actions

Authorship Credit: Justin T. Winquist Editor’s Note: This post is a joint submission to BakerHostetler’s Class Action Lawsuit Defense blog. Class actions under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, continue to be an active trend in consumer and privacy class action litigation. The TCPA, which was historically called the “fax blast” statute, … Continue Reading