Where a contract required written revocation of consent to be contacted, a consumer’s attempt to orally revoke consent failed, according to an Ohio federal court....more
In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone...more
Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed...more
As we previously reported, the D.C. Circuit issued its long-awaited decision in ACA International v. FCC just a few months ago, setting aside the Federal Communications Commission’s (FCC) overly expansive definition of...more
By signing a health insurance enrollment form, a plaintiff consented to receive quality assurance calls about her medical provider, the U.S. Court of Appeals, Ninth Circuit held in affirming summary judgment in favor of the...more
Texts sent on behalf of a nonprofit organization with tips about how to respond to a cardiac arrest event were within the category of messages the plaintiff consented to receive, a Louisiana federal court said, dismissing her...more
A Craigslist advertisement listing a phone number established consent to be contacted and a subsequent text from an online car retailer did not violate the Telephone Consumer Protection Act (TCPA), a federal court in Florida...more
Executive Summary -
The old adage “good things come to those to wait” showed itself to be true when on Friday, March 16, 2017, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA...more
A Nevada federal court granted summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after concluding that the plaintiff granted prior express consent to be contacted when she provided her phone...more
A federal court judge in Illinois denied summary judgment in a case involving an online lead form, ruling that the issue of the plaintiff’s consent to receive calls was unclear....more
Human intervention to make calls on behalf of the defendant ruled out the use of an automatic telephone dialing system (ATDS), an Illinois federal court judge has ruled, granting summary judgment in favor of the defendant....more
In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more
Revocation? Think Again. -
On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more
7/1/2017
/ Amazon ,
ATDS ,
Biodegradable ,
Deceptive Intent ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Medical Marijuana ,
Mobile Apps ,
NAD ,
Prior Express Consent ,
Refunds ,
TCPA ,
Text Messages
Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case -
Why it matters:
Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more
2/23/2017
/ Arbitration ,
Costco ,
FCC ,
Federal Arbitration Act ,
Marketing ,
Prior Express Consent ,
Private Attorneys General Act (PAGA) ,
Product Labels ,
Retailers ,
Social Media ,
Spokeo ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Unsolicited Phone Calls ,
Wage and Hour