Author: mike
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District Court Judge Denies MTD in TCPA Case
A District Court judge in Nevada has denied a defendant’s motion to dismiss a Telephone Consumer Protection Act case, granting the plaintiff 90 days of jurisdictional discovery to collect evidence proving the relationship between the defendants — one of which is a real estate company and the other who is a realtor. Specifically, the discovery…
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Leadpages Appoints Michael Sacca as CEO
MINNEAPOLIS–Leadpages, an innovative lead generation platform, today announces the appointment of Michael Sacca as Chief Executive Officer, effective immediately. Sacca brings over two decades of experience leading companies at various stages. In his new role, Sacca will guide the Leadpages team to provide an innovative tool for engineers and users to optimize resources. Before joining…
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Gov’t Sues Dental Practices for Paying Referral Kickbacks
Federal and state prosecutors have filed a lawsuit against two Connecticut dental practices, alleging they violated the anti-kickback provisions of the False Claims Act by paying a recruiter who directed patients to the practices, after which the practices billed Medicaid for the visits. The Background: The complaint is actually pretty short and sweet. It alleges…
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Judge Partially Grants MTD in TCPA Case Over Insurance Leads
In a case that was defended by David Schultz and the team at Hinshaw Culbertson, a District Court judge in Michigan has largely granted a motion to dismiss filed by a number of defendants in a Telephone Consumer Protection Act case brought by a professional plaintiff. The Background: The plaintiff allegedly received 56 calls from…
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Judge Holds Insurance Company Liable for Alleged TCPA Violations by Independent Agents
In a ruling that was first publicized on TCPAWorld.com, a District Court judge in Illinois has ruled that an insurance company is vicariously liable for the actions of the owners of two independent company brokerages that hired a lead generation company which placed the calls the led to this Telephone Consumer Protection Act lawsuit. The…
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State AGs File Contempt Motion Against Recidivist Robocaller
Eight different state attorneys general yesterday have asked a federal judge to find the co-owner of a shuttered robocall operation in contempt because he is allegedly defying a court order preventing him from making or facilitating robocalls. The AGs allege that John Spiller II, who was a co-owner of Rising Eagle Capital Group, has formed…
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FCC Blocks Carrier’s Traffic For Failing to Follow Robocall Regulations
The Federal Communications Commission announced yesterday that it is removing a telecom company from the Robocall Mitigation Database, which means its traffic must be blocked by all voice service providers and intermediate providers. The company, BPO Innovate, failed cooperate with investigators and failed to file a detailed plan to mitigate the presence of illegal traffic…
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Judge Grants Motion to Compel in TCPA Class Action
A District Court judge in Illinois has granted a defendant’s motion to compel arbitration in a Telephone Consumer Protection Act class action over text messages that the defendant sent to the plaintiff years after the plaintiff applied for a loan with the defendant. The Background: The plaintiff applied for a loan via the defendant’s website…
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Court Orders Robocall Scammer to Pay $9.9M Penalty
A federal court in Montana has entered a $9.9 million penalty against an individual for violating the Telephone Consumer Protection Act and the Truth in Caller ID Act causing thousands of spoofed robocalls. Scott Rhodes, who lives in Idaho and Montana, accused of making unlawful robocalls to consumers in a number of states. The calls…
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Bills Introduced in Congress to Amend TCPA, Allow Lawsuits After One Call
Bills have been introduced in both the House of Representatives and the Senate that seek to amend the Telephone Consumer Protection Act by allowing lawsuits to be filed after receiving only one telephone call and establishing $500 as the floor for any violation of the statute. One of the bill’s proponents even went as far…