Author: mike
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Judge Denies MTD in TCPA Class Action
A District Court judge in Arizona has denied a defendant’s motion to dismiss and its motion to strike class allegations in a Telephone Consumer Protection Act class-action involving calls and a text message that were sent without the plaintiff’s permission. The Background: The plaintiff, who phone number has been registered on the national Do Not…
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Judge Denies MTD in TCPA Case Over Text Messages
The motion to dismiss stage is never the place to try and make your case, a lesson one defendant has learned in a Telephone Consumer Protection Act class action. There is a he-said, she-said debate over whether the plaintiff visited one of the defendant’s locations and signed up to receive text messages, and at this…
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FTC Fines Tech Support Companies $26M for Violating TSR, FTC Act
The Federal Trade Commission has announced that two foreign companies will pay $26 million to settle claims their violated the FTC Act and the Telemarketing Sales Rule when they duped older consumers into spending tens of millions of dollars on unnecessary computer repairs. The FTC filed its complaint yesterday in federal court, but also announced…
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Banking Groups, Mortgage Lenders, Consumer Advocates Join Together to Endorse Bill Limiting Sale of Trigger Leads
An issue where bankers, lenders, and consumer advocates all find themselves on the same side? How rare is that? About two dozen companies and trade associations have sent a letter to the leaders of the Senate Banking and House Financial Services Committees, asking them to move forward with a bill that has been introduced in…
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Judge Awards Treble Damages to Plaintiff in TCPA Default Judgment
A District Court judge in Pennsylvania has awarded a plaintiff in a Telephone Consumer Protection Act case $12,000 in damages after ruling the defendant willfully made eight calls to the plaintiff after being informed on numerous occasions to stop calling and made no attempt to defend itself after being sued. The Background: Over the course…
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Company Facing TCPA Lawsuit For Using ATDS To Generate Leads
A company is facing a Telephone Consumer Protection Act lawsuit for allegedly using an automated telephone dialing system to generate leads for its life insurance business, by having an artificial prerecorded voice greet the plaintiff when he picked ip the phone. The Background: The plaintiff received a call in September 2022 and was greeted by…
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Judge Denies MTD in TCPA Case Over Vicarious Liability
A District Court judge in Texas has denied a defendant’s motion to dismiss a Telephone Consumer Protection Act case, ruling that the defendant may be held vicariously liable for calls made by a separate entity that was generating leads for the defendant. The Background: The plaintiff alleges the defendant hired a separate entity to place…
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Judge Grants MTD For One Defendant in TSR Case Involving Ringless Voicemails
A District Court judge in California has granted a motion to dismiss filed by one defendant in a Telemarketing Sales Rule case but denied motions to dismiss from the other two defendants in a case that was brought by the Federal Trade Commission. Background: The FTC filed suit against the defendants, alleging their telemarketing and…
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Daily Digest – March 7, 2024
TCPA Ruling In a Telephone Consumer Protection Act case centered around unwanted robocalls, the plaintiff claims he received numerous unsolicited calls about health insurance quotes. The plaintiff alleges these calls violated the TCPA due to their pre-recorded nature and occurred despite his number being on the National Do Not Call Registry. One of the defendants…
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FCC Publishes Final NPRM on Changes to TCPA
The Federal Communications Commission has published a Final Notice of Proposed Rulemaking in the Federal Register seeking to answer whether calls and texts from wireless carriers to their customers should be subject to or exempt from the Telephone Consumer Protection Act while also looking for an answer regarding whether automated opt-out mechanisms should be required…