• 04.21.22

    C.D. Cal. Court Denies Class Certification Where Employee Entered Wrong Digit

    A California federal court refused to certify a putative Telephone Consumer Protection Act class action in a lawsuit brought by a plaintiff who received one prerecorded call in error after a gym member’s phone number was entered into the system incorrectly.

  • 04.21.22

    Texas Court Finds COVID Message Meets Emergency Purposes Exception

    Creating a split in authority, a Texas federal court determined that a text message providing information about a free COVID-19 vaccine was covered by the “emergency purposes” exception to the Telephone Consumer Protection Act’s consent requirement.

  • 04.21.22

    Robocalls Subject of More FCC Cease and Desist Letters

    Continuing its recent trend of cracking down on robocalls, the Federal Communications Commission issued another three cease and desist letters to voice service providers.

  • 03.31.22

    Eighth Circuit Rules Marketing Software Txt Live Not an Autodialer

    In an appeal consolidating two Telephone Consumer Protection Act cases against owners of two bar establishments, Outfield Brew House, LLC, and Truman Road Developments, LLC, the Eighth Circuit ruled that the marketing software Txt Live did not meet the statutory definition of an autodialer.

  • 03.31.22

    State Telemarketing Laws Popping Up Around the Country

    Florida’s passage of a Telephone Consumer Protection Act state law analogue appears to have started a trend, with similar bills introduced in Georgia, Oklahoma and Washington.

  • 03.31.22

    Request to Stop Text Messages Trumps Emergency Exception

    A plaintiff’s request to stop sending text messages trumps the “emergency purposes” exception to mandated consent under the Telephone Consumer Protection Act, a Florida federal court recently ruled.

  • 03.31.22

    Federal Agencies Maintain Focus on Robocalls

    Both the Federal Communications Commission and the Federal Trade Commission have continued their push to crack down on robocalls in recent weeks, with cease and desist letters, a proposed record-setting fine, and a warning to comply with investigations or face a lawsuit.

  • 12.17.21

    Reassigned Number Database Up and Running

    It’s official: The Federal Communications Commission’s reassigned number database, which will hopefully minimize claims brought under the Telephone Consumer Protection Act, is up and running after several years in the making.

  • 12.17.21

    NY State, Federal Legislation Targets Spoofing

    In legislative news, New York enacted two new telemarketing-related laws while Congress is considering a measure that would double the penalties for illegal caller ID spoofing.

  • 12.17.21

    FTC Reports on National DNC Registry

    The Federal Trade Commission reported on the National Do Not Call Registry statistics for Fiscal Year 2021, along with data on consumer complaints about unwanted telemarketing calls.  

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