Author: mike
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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…
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Judge Denies Motion to Dismiss Certain Class Members in TCPA Case
A District Court judge in Washington has denied a defendant’s motion to dismiss members of a potential Telephone Consumer Protection Act class action who live outside of Washington state, deciding not to follow a “minority” of District Courts that have embraced a “strained theory” of an effort to “overstretch” a Supreme Court decision. The Background:…
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Class Action Accuses Defendant of Making Calls Using Pre-Recorded Voice
DISCLAIMER: This article is based on a complaint. The defendant has not responded to the complaint to present its side of the case. The claims mentioned are accusations and should be considered as such until and unless proven otherwise. An individual in Florida has filed a class-action Telephone Consumer Protection Act complaint against a company,…
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FTC Takes Steps to Protect Consumers from AI Deepfakes
The Federal Trade Commission last week announced it was seeking public comment on a rule that would prohibit the impersonation of individuals while also announcing a final rule prohibiting scammers from impersonating businesses or government agencies. The rulemakings are intended to combat the use of tools like artificial intelligence that are being used to create…
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Company That Promised to Protect Consumers to Pay $16.5M to Settle Claims it Sold Their Browsing Data
A company that specialized in offering antivirus software has agreed to pay $16.5 million to settle an enforcement action with the Federal Trade Commission after it was accused of selling consumers’ web browsing data for advertising purposes, after it had promised that its products would protect consumers from being tracked while browsing the Internet. Avast…
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Lead Generator Fined $25k by Penn. AG
The Attorney General of Pennsylvania last week announced a settlement with a lead generator that was accused of selling the personal information of state residents to telemarketing companies. The company will be permanently enjoined from selling or sharing consumer data unless it was acquired in compliance with the Telemarketing Sales Rule. It will also have…
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Bill Introduced in House to Ban Sale of Mortgage Trigger Leads
A bipsartisan bill has been introduced in the House of Representatives that would ban credit reporting agencies from selling trigger leads when consumers apply for mortgages. The Background: The Homebuyers Privacy Protection Act, H.R. 7297, was introduced by Rep. John Rose [R-Tenn.] and has 12 cosponsors, including Rep. Ritchie Torres [D-N.Y.], Rep. Wiley Nickel [D-N.C.],…
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Judge Denies Certification in TCPA Class Action Over Ringless Voicemails
A District Court judge in Wisconsin has denied a motion from a plaintiff to certify a class in a Telephone Consumer Protection Act case, ruling that the one ringless voicemail the plaintiff received may show the plaintiff was harmed, but the plaintiff must show that other members of the class were harmed as well. The…