Telemarketing – TCPAWorld

Predictive Dialer NOT ATDS After Facebook! In Huge Post-Facebook Ruling Court GRANTS Defendant Summary Judgment, But Will Other Courts Follow?

1 Jun 20212 Jun 2021

As we've covered, earlier this year a unanimous Supreme Court held that the TCPA means what it says: for equipment to qualify as an ATDS, the TCPA "requires that in…

Telemarketing

Hawaii School Sued for Calls to A Parent!

19 Apr 202119 Apr 2021

No institute is safe from TCPA lawsuits--not even a school. Proceeding pro se, an Oklahoma-resident plaintiff, John Anthony Guadnola, sued the Waialua High and Intermediate School for calls concerning his…

ATDS/Predictive Dialer Cases…

Trouble in New Mexico for a Company and Its Officer

21 Dec 2020

In a decision with several important takeaways, the United States District Court for the District of New Mexico refused to dismiss a lawsuit filed by Robert Mestas against CHW Group…

ATDS/Human Intervention…

Trial Court Fails to Provide a Written Opinion, Second Circuit Upholds Dismissal of TCPA Claim Anyway

21 Sep 2020

Normally a party denied his day in court receives a written opinion explaining why his claim fails. Not so for Mr. Todd Bank, an attorney proceeding pro se on a…

ATDS/Predictive Dialer Cases…

The TCPA and the First Amendment: Where We Are and Where We’re Going

13 Jul 202015 Jul 2020

Following the Supreme Court’s long awaited, but ultimately disappointing, decision in Barr v. AAPC, one thing is clear. Broad, facial challenges to the TCPA based on the government-backed debt exemption…

Telemarketing…

There’s Always One: Court Concludes Texts in Response to a Consumer’s Request for Information Might be Telemarketing

19 Mar 202023 Mar 2020

Like so much else here in TCPAWorld, the line between informational texts and telemarketing remains murky. This is especially the case when a consumer asks for information about a product…

Telemarketing…

Violate the TCPA and End Up in Handcuffs?: Telemarketer to be Arrested for Failing to Stop Unlawful Calls

11 Feb 202015 Feb 2020

What can happen when you turn a deaf ear to a court order to cease illegal calls to consumers advertising your carpet cleaning business? The answer is the court can…

ATDS/Human Intervention…

Glasser Half-Full? Eleventh Circuit’s Huge ATDS Ruling Has Interesting “Willfulness” Twist

28 Jan 202029 Jan 2020

Not to be lost in the Eleventh Circuit’s recent Glasser opinion, brilliantly summarized by the Czar here, is the court’s shorter decision on TCPA liability in the context of “artificial…

Telemarketing…

We’re Catching On!: Second Court Holds Wrong Number Caller Can Rely on Previous Subscriber’s Consent

10 Jan 202011 Jan 2020

It is probably the second most frustrating rule in TCPAWorld (behind officer liability): a caller trying to call a customer can be held strictly liable to a new subscriber when…

ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020

For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…

Class Actions…

TCPA Class Melts Under Sweltering Scrutiny: Company-Wide Training Policy and Plaintiff’s “Distressing” Ignorance of Her Claim Against Ice Cream Company Defeats Typicality and Adequacy

5 Dec 201912 Dec 2019

Like many chains, Häagen-Dazs operates a Rewards Program where members receive points for their purchases, coupons, and other offers, as well as information regarding their favorite creamery. The Rewards Program…

Telemarketing…

The Outer Limits: Calls to Inform Senders That Package May Be Destroyed Deemed Potential “Dual Purpose” Calls

19 Sep 201920 Sep 2019

As one of the most experienced TCPA litigators in the nation I am commonly asked to provide compliance advice to my clients. This can be challenging because the answer to…

Telemarketing

SDOH Judge Denies Defendant’s ‘Artful’ Motion to Dismiss, Finds Pressing 1 Does Not Convert a Pre-Recorded Message to an Incoming Call

21 Aug 201922 Aug 2019

On Monday, Defendant LE Energy hoped to pull a rabbit out of their trick hat by arguing that Plaintiff made an incoming call to their call center, simply by pressing…

Telemarketing…

Yes, Offers of Employment Are Covered by the TCPA—They Just Don’t Require Written Consent

28 Jun 20191 Jul 2019

TCPAWorld is still full of folks making bad arguments. Mostly they're on the Plaintiff's side, but every once in a while.. Submitted for your approval—the Defendant who argues that text…

Telemarketing…

Hard Sell: Sixth Circuit Denies Vicarious Liability for TCPA Violations Against Third-Parties Providing Back-End Services to Telemarketers

10 Jun 201910 Jun 2019

The limits of agency and vicarious liability are constantly being tested in TCPAWorld and a recent decision may give some guidance (and a breather) to third-parties who supply services to…

Telemarketing

Actions Speak Louder Than Words: Monitronics Fails To Escape TCPA Morass

8 Apr 20199 Apr 2019

The court’s latest ruling in the ongoing Monitronics TCPA litigation, (In Re: Monitronics International Inc., Telephone Consumer Protection Act Litigation, MDL No. 1:13-MD-2493 (Bailey), Doc. 1271, April 3, 2019) sends…

Express Consent…

No Free Lunches in TCPAWorld: Call-to-Action Display Offering Burger Coupon Did Not Grant Consent for Related Text Solicitation

8 Apr 20199 Apr 2019

There really is no such thing as a free lunch in TCPAWorld. And companies offering a free meal in exchange for membership in a text or call list had better…

Class Actions…

Meaningful Telemarketing Involvement: Court Holds Provider of Virtual Callback Numbers Is Potentially Liable for TCPA Violations

1 Apr 20192 Apr 2019

A telemarketer contracted with the operator of dialing equipment to send unwanted telemarketing calls to the plaintiff. That’s a common fact pattern, and it isn’t that unusual for a plaintiff…

Legislation…

TCPA to be Amended?: A Fourth “Robocall” Bill Dropped Into the Legislative Hopper

8 Mar 201912 Mar 2019

The proposed robocall legislation bin is filling up this Congress. Although it comes with no fancy acronym like the TRACED Act (S. 151), REAL PEACE or HANG-UP Act (H.R. 1421),…

Class Actions…

Nothing Skinny About this $3MM Settlement: Jenny Craig Class TCPA Deal Receives Final Approval.

8 Mar 201912 Mar 2019

With an $840,000 fee award, class counsel in Bloom v. Jenny Craig should have no trouble paying for a gym membership. The Southern District of Florida gave final approval to…

Officer/Director Liability…

Thinly Veiled Liability: District Court Finds Pro-Se TCPA Plaintiff’s Attempt To Pierce The Corporate Veil Plausible.

6 Mar 20197 Mar 2019

As if the TCPA was not scary enough, a magistrate judge in the Southern District of Texas recently recommended allowing claims to pierce the corporate veil and hold individuals personally…

Telemarketing…

Can You Hear Me Now? Northern District of California Holds That The Entire Context Of A Prerecorded Message Must Be Considered In Determining Whether TCPA Coverage is Triggered

28 Feb 201928 Feb 2019

There’s not a whole lot of “common sense” in TCPAworld generally, but a ruling from last week—perhaps—holds the promise of a bit more sanity. Last week, in Chinitz v. NRT…