News & Analysis as of

Do Not Call List Established Business Relationship

Klein Moynihan Turco LLP

Insurance Company Hit With Do Not Call Class Action Lawsuit

On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do...more

Rumberger | Kirk

The Role Record-Keeping May Play In TCPA Class Cert.

Rumberger | Kirk on

Two recent decisions highlight that the viability of the established business relationship, or EBR, exemption defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company’s...more

Manatt, Phelps & Phillips, LLP

Contract Termination Doesn’t End EBR for TCPA Purposes

The termination of a contract didn’t end the established business relationship (EBR) between a consumer and the provider of a vehicle service agreement, according to a New Jersey district court....more

Troutman Pepper

District Court Applies TCPA “Established Business Relationship” Exception to Permit Customer Calls After Contract Termination

Troutman Pepper on

On July 18, a New Jersey district court ruled that a customer’s contract termination with a merchant does not also terminate the “established business relationship” (EBR) exception for purposes of the Telephone Consumer...more

Manatt, Phelps & Phillips, LLP

Sweepstakes Entry Doesn’t Establish Business Relationship

A sweepstakes entry did not establish a business relationship for purposes of an exception to liability in a putative Telephone Consumer Protection Act (TCPA) class action, according to a California federal court. On...more

Faegre Drinker Biddle & Reath LLP

Internal DNC Policies Not Prerequisite to Using EBR Defense, Ohio Southern District Holds

Earlier this month, the U.S. District Court for the Southern District of Ohio clarified that a TCPA defendant need not maintain an internal do-not-call list and policies in order to invoke the “established business...more

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