Tag: Telephone Consumer Protection Act
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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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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,…