Category: Compliance
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Daily Debrief – July 10. John Henson from Troutman Amin on Getting Ready for the Changes to the Lead Generator Loophole
Today, we’re diving into a crucial topic that’s making waves in the lead generation industry: the Federal Communication Commission’s (FCC) decision to close the lead generator loophole. To provide some insight, I had a conversation with John Henson from Troutman Amin. Here’s a summary of what we discussed. The Current Status As of mid-June, we…
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Twilio Facing TCPA Class Action
In a case that was first mentioned by TCPAWorld.com, Twilio Inc., a prominent cloud communications company, is facing a class action lawsuit filed in the District Court for the Northern District of California. The complaint accuses Twilio of violating the Telephone Consumer Protection Act (TCPA) by initiating hundreds of unsolicited robocalls and text messages to…
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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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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…