Tag: Telephone Consumer Protection Act
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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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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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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…
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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…