Well the #biglaw surrender monkeys have struck again. This time it is Zales– the diamond store– that has face-planted in a TCPA class action as a result of big law representation. Not sure when folks are going to figure this...more
Every once in a while I see a case where a Plaintiff invites calls on a recorded call and then sues for the calls. Its weird. But it happens often enough that it merits discussion. So the law requires written prior express...more
On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more
As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand...more
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
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
An Illinois federal court ruled that Day Pacer, formerly known as EduTrek, and three of the company’s executives violated the Telemarketing Sales Rule (TSR). Our TCPA Counseling & Litigation Team breaks down the case....more
Recent agency activity — from imposing hefty fines to issuing new rules — demonstrates the FCC and FTC’s continued focus on the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR), and underscores the...more
On March 6, the U.S. District Court for the Southern District of Texas entered stipulated orders and permanent injunctions against two individuals who, along with their companies (also named as defendants in the litigation),...more
On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more
In Remanding DISH Telemarketing Damage Award, Appeals Court Decides Collateral Issue That Could Have Far-Reaching Operational Implications - On March 26, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its...more
Here at TCPAland, we’ve recently mused about the potential for a new wave of TCPA litigation following recent court decisions suggesting that predictive dialers are no longer subject to the TCPA... In light of these...more
Two recent judgements against Dish Network LLC (“Dish”) for violations of the Telephone Consumer Protection Act (TCPA) and similar state and federal laws demonstrate the significant liability companies may face based on the...more
An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more
On Monday, Missouri Attorney General Chris Koster filed a lawsuit against Charter Communications, Inc., alleging that the cable, internet, and telephone service provider’s third party telemarketers made thousands of...more
The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more