Telemarketing

News & Analysis as of

Charter Defeats TCPA Class Action Based Upon Safe Harbor Provision

In Simmons v. Charter Communs., Inc., No. 15-cv-317, 2016 U.S. Dist. LEXIS 42091 (D. Conn. March 30, 2016), the District of Connecticut granted summary judgment in favor of Charter Communications in a putative class action...more

Robocalls offering ‘free cruise’ for completion of political survey TCPA violation

This week Illinois court found that Economic Strategy Group (ESG) violated the Telephone Consumer Protection Act (TCPA) by making robocalls to almost 1 million individuals purporting to be conducting a political survey but...more

Court Denies Certification In Significant TCPA Case Based on Lack of Ascertainability of the Class and Commonality Issues Because...

Since our December 8, 2015 blog post regarding the scope of vicarious liability, courts have continued to wrestle with the scope of vicarious liability under the TCPA and its ramifications with respect to class certification....more

Summary Judgment Granted: Recruiting Text Not Telemarketing or Advertisement Under TCPA

A recent TCPA decision granting defendant’s motion for summary judgment presents interesting issues regarding the definitions of “advertisement” and “telemarketing” and the scope of consent. In Payton v. Kale Realty, LLC,...more

Information Commissioner’s Office issues updated guidance on Direct Marketing

At the end of March, the Information Commissioner’s Office (ICO) issued updated guidance on the law in relation to Direct Marketing. The ICO notes in its accompanying blog post that the law applies “equally to any and all...more

Advertising Law - March 2016 #4

FCC Releases Privacy Regime for ISPs - Creating a storm of controversy, the Federal Communications Commission released information about its privacy proposal for Internet service providers. Pursuant to the plan,...more

CRTC enters into MOU with FTC on spam and unlawful telemarketing

As we have noted in previous posts, the Canadian Radio-television and Telecommunications Commission (CRTC) has repeatedly highlighted its work with its international counterparts to combat spam and unlawful telemarketing,...more

Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer

Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This...more

Electronic marketing’s Internet twist: Use e-mail, not faxes or texts

The name of the CAN-SPAM Act scares some people. They think it severely regulates, or maybe even prohibits, e-mail marketing. In a somewhat surprising twist of Internet law, however, e-mail marketing is less heavily regulated...more

FTC files complaint against solar panel company for do-not-call violations

The Federal Trade Commission (FTC) filed a complaint against Francisco J. Salvat and his companies KFJ Marketing, LLC, Sunlight Solar Leads, LLC, and Go Green Education (collectively, Defendants) for violations of the...more

Five Steps to Boosting TCPA Compliance

The Telephone Consumer Protection Act (TCPA) continues to be a tool utilized by the plaintiffs' bar for class action litigation. But the Act is also being wielded in run-of-the-mill bankruptcy adversary proceedings as...more

FTC Announces Settlement Over Alleged Telemarketing Sales Rule Violations

On February 11, the FTC announced that an Atlanta-based Independent Sales Organization (ISO) agreed to settle charges that it violated the Telemarketing Sales Rule (TSR) by assisting and facilitating deceptive telemarketing...more

FTC and Florida AG Take Action Against Payment Processing Operation

On January 8, the FTC and Florida Attorney General Pam Bondi announced an amended complaint against a California-based processing sales organization, its three executives, and three telemarketing company owners (collectively...more

FCC clarifies TCPA liability for texting

The Federal Communications Commission (FCC), in a denial of a petition from a company that provides bulk marketing texts for other companies, clarified that it will maintain separate standards for fax and text messaging...more

FCC Reaffirms Potential TCPA Liability for Text Message Platforms

On January 11, 2016, the FCC’s Consumer and Governmental Affairs Bureau released an order denying a petition by a text message platform provider for a declaratory ruling that the Commission should evaluate TCPA liability for...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Mortgage company pays $7.4 million to settle TCPA violations

Mortgage Investors Corp. (MIC) settled a class action this week for $7.4 million for its alleged violations of the Telephone Consumer Protection Act (TCPA) in an Oregon federal court. Plaintiffs stated in their complaint that...more

Consumer Bankers Association, Chamber of Commerce Join Challenge to FCC TCPA Ruling

The Consumer Bankers Association (CBA) and United States Chamber of Commerce (USCC) have joined the legal challenge to the Federal Communications Commission’s July declaratory ruling and order. The Order responded to 21...more

Court Finds Fault With Preliminary Approval Motion, Directs Plaintiff to Supplement Record

The Southern District of Alabama recently denied a plaintiff’s motion for preliminary approval of a proposed classwide settlement of TCPA claims. See Bennett v. Boyd Biloxi, LLC, No. 14-0330-WS-M, 2015 U.S. Dist. LEXIS 163987...more

Florida State Court Holds Pizzerias Liable Under TCPA for Third-Party Fax Blasts

Based on the Eleventh Circuit's 2015 decision in Sarris v. Palm Beach Golf Ctr. Boca, Inc, a Florida state appellate court has held that using a third-party company to send unauthorized fax ads will not protect the company...more

As TCPA Class Actions Soar, Issues Emerge in TCPA Coverage for Claims

Both the number of cases under the Telephone Consumer Protection Act (TCPA) and the types of practices that those cases challenge have mushroomed within the last several years. Yet a dedicated form of insurance against TCPA...more

UK Information Commissioner’s Office Assesses Nuisance Calls Fines

The Information Commissioner’s Officer (“ICO”) has issued a fine of £200,000, its largest ever penalty for nuisance calls, to Home Energy & Lifestyle Management Ltd. (“HELM”), a green energy company. HELM was investigated...more

Western Union to pay $8.5 million for alleged TCPA violations

Western Union will pay $8.5 million to settle alleged violations of the Telephone Consumer Protection Act (TCPA) when it sent consumers unsolicited text messages advertising an “opt-in” for receiving periodic automated...more

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

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