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Telemarketing › Class Action › Faxes

WilmerHale

Year-in-Review: 2024 TCPA Litigation

WilmerHale on

The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an...more

Faegre Drinker Biddle & Reath LLP

Second Circuit Diverges from Third, Holds that an Unsolicited Invitation to Participate in a Survey is Not Actionable Under the...

Faegre Drinker Biddle & Reath LLP on

The Second Circuit recently addressed whether a faxed invitation to participate in a market research survey is an “unsolicited advertisement” actionable under the TCPA. In Bruce Katz, M.D., P.C. v. Focus Forward LLC, 22...more

Womble Bond Dickinson

Finding Solid Ground: Junk Fax TCPA Certification Opinions Slowly Aligning with Certification Approach Applied in Other TCPA...

Womble Bond Dickinson on

Outside of the fax context, the chances of certifying a TCPA case have turned almost exclusively on whether class member phone numbers all derived from a “single source” or from multiple different sources. This fact seems to...more

Eversheds Sutherland (US) LLP

Who’s calling? Standards for third-party liability under the TCPA

Eversheds Sutherland (US) LLP on

Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more

Womble Bond Dickinson

REPUBLISHED TCPA Horror Story: 1 Fax+1 Lawsuit = $12.5M Award– Man’s home, business in limbo

Womble Bond Dickinson on

OCEAN CITY – A local man is fighting to save his beachfront home after a crushing legal award of $12.5 million in damages. He said it’s over sending a single fax to a company in Pope County, Ark. Gene Kalsky was recently...more

Carlton Fields

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Carlton Fields on

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

Blank Rome LLP

How 'Common Carrier' Defense Applies to TCPA Class Actions

Blank Rome LLP on

The Federal Communications Commission, the agency which Congress gave authority to implement regulations and enforce the Telephone Consumer Protection Act, expressly exempts common carriers who transmit prohibited fax...more

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