News & Analysis as of

Telephone Consumer Protection Act Do Not Call List Established Business Relationship

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Troutman Amin LLP

SILLY TROLL: No You Can’t Invite Calls And then Sue For Them

Troutman Amin LLP on

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

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

Troutman Pepper Locke

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

Troutman Pepper Locke 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

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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