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…

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…

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