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Court Enforces TCPA Clickwrap Agreement in a Victory for Marketers

June 10, 2020 by Richard B. Newman

FTC

One of the key issues in any Telephone Consumer Protection Act class action lawsuit is whether there exists “prior express written consent.”  In a noteworthy victory for marketers, consent related mechanisms made all the difference. In Lundbom v. Schwan's Home Service, Inc., the plaintiff filed a TCPA lawsuit, alleging that the defendant violated the TCPA by sending her … [Read more...]

TCPA Update:  Telemarketer Friendly ATDS and Single Text Rulings

September 20, 2019 by Richard B. Newman

FTC

A Florida federal court recently ruled in favor of the defendant when it held that dialing equipment must have the requisite “present capacity” to constitute an ATDS (Brown v. Ocwen Loan Servicing LLC) Here, husband-and-wife plaintiffs claimed that defendant mortgage servicer violated the Telephone Consumer Protection Act because it used an ATDS and an artificial or … [Read more...]

Court Addresses Unconstitutional TCPA Damages and Who Can be Held Liable

July 19, 2019 by Richard B. Newman

FTC

A company that managed the ownership rights of a film hired a company to promote and market the film.  There were approximately 3.2 million telephone calls made over a short period of time that delivered a prerecorded audio message from former Arkansas Governor Mike Huckabee. The two plaintiffs received two voice messages and subsequently initiated class action … [Read more...]

Federal Court Holds TCPA Plaintiff Did Not Adequately Allege ATDS

July 2, 2019 by Richard B. Newman

FTC

In Bader v. Navient Solutions, LLC (N.D. Ill. June 14, 2019), the North District of Illinois dismissed a Telephone Consumer Protection Act (TCPA) plaintiff’s claims on the basis that the complaint did not possesses sufficient facts to plausibly allege the defendant had used an automated telephone dialing system (ATDS), consistent with post-ACA International v. Federal … [Read more...]

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About mThink

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