Tag: TCPA
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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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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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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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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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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…