Tag: "TCPA"

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Example TCPA Violation – LA Clippers, $600k in attorney fees

Example TCPA Violation – LA Clippers, $600k in attorney fees

TCPA settlement: Clippers fans want tickets, not texts Source: lexology.com Author: Barry M. Benjamin and Jeremy A. Schachter The Los Angeles Clippers are in the news again: this time for an ill-advised promotional text message marketing campaign. Fans filed a class action suit against the pro basketball team in February 2013, after the team sent […]

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How to Avoid TCPA liability

How to Avoid TCPA liability

Five Ways to Avoid a Lawsuit in Wake of Latest Telemarketing Rules Do you know what type of phone numbers are on your outbound marketing call lists? Chances are your telemarketing calls, prerecorded or live, are being made to consumer phone numbers provided by third-party sources. And, if you’ve been paying attention, landlines are a […]

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CFPB may issue rules exempting credit collections from the TCPA

CFPB may issue rules exempting credit collections from the TCPA

Could the CFPB Help Stem the Tidal Wave of TCPA Lawsuits? For the past month, the debt collection industry has been abuzz over the Consumer Financial Protection Bureau’s (CFPB) Advance Notice of Proposed Rulemaking (ANPR) for debt collection. While the stated purpose of new rules is to update the aging Fair Debt Collection Practices Act […]

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TCPA does not preempt Indiana law banning robocalls

TCPA does not preempt Indiana law banning robocalls

Indiana Robocall Ban Given New Life By Federal Court An Indiana state law banning a variety of automated telephone calls was given new life as a federal appeals court concluded that the law was not preempted by federal law. In a decision released late on Thursday, the 7th U.S. Circuit Court of Appeals in Chicago […]

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YTD lawsuits - TCPA, FDCPA and FCRA

YTD lawsuits – TCPA, FDCPA and FCRA

TCPA Lawsuits Really Are Growing Compared to FDCPA Claims Lawsuits filed by consumers in U.S district court claiming violations of the Fair Debt Collection Practices Act (FDCPA) declined in September on both a monthly and yearly comparison basis. But debt collectors have found themselves increasingly in the crosshairs of suits claiming TCPA violations. According to […]

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TCPA Automatic Telephone Dialing System needs more Definition

TCPA Automatic Telephone Dialing System Needs More Definition

Telephone Consumer Protection Act Continues to Be Hot Topic Stricter enforcement related to the Telephone Consumer Protection Act takes effect next month due a recent ruling from the Federal Communications Commission. And if your company is discovered to not comply with the rules, it could cost you big. “Any business using autodialers must collect express […]

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TCPA Express Written Consent Summary

TCPA Express Written Consent Summary

Legal: TCPA Express Written Consent Requirement Looms Ahead The Telephone Consumer Protection Act of 1991 (“TCPA” or the “Act”) was enacted principally to bolster consumer privacy by addressing issues such as unsolicited facsimiles, pre-recorded telemarketing calls to residences, and autodialed and pre-recorded calls to cellular telephones.  The Act established rules regarding the types of consent […]

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Do all group texts violate the TCPA?

Do all group texts violate the TCPA?

Is That An Automatic Phone Dialing System In Your Pocket? In the past three years, courts across the country have seen an explosion in Telephone Consumer Protection Act litigation. In large part, the TCPA has become the darling of the plaintiffs’ bar because its formula for recovery is so simple: Did the defendant send the […]

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TCPA – Capacity to Autodial and Burden of Proof

TCPA – Capacity to Autodial and Burden of Proof

Recent TCPA case is a cautionary tale for telemarketers The Telephone Consumer Protection Act (TCPA), which allows individuals to file lawsuits and collect damages for receiving certain unsolicited commercial text messages, faxes, pre-recorded calls or autodialed calls, has made headlines again. The Federal Court for the Western District of Wisconsin recently ruled that a defendant […]