While an ongoing FCC rulemaking is seeking comment on whether the FCC should clarify that TCPA’s Do-No-Call rules apply to text messages as they do to voice calls, a federal court has weighed-in with its view that...more
Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more
This edition of our Monthly TCPA Digest focuses on following opt-out instructions and potential ramifications when a plaintiff fails to properly or reasonably do so. Rulings from U.S. District Courts in New Jersey and...more
Taking a stand on the revocation of consent, a New Jersey federal court judge rejected a plaintiff’s argument that she had reasonably conveyed her desire to be removed from a text message marketing list....more
One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more
Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more
SPECIAL FOCUS: CFPB - The Dodd-Frank Act provides that the Consumer Financial Protection Bureau ("CFPB") may take action against certain persons who engage in unfair, deceptive or abusive acts or practices....more