Newsletters

03.17.14

FCC Seeks Comment on TCPA Liability When Phone Numbers Switch Hands

What happens when a company with prior express consent to call a consumer’s mobile phone contacts that number only to find that it now belongs to someone else?


02.19.14

District Court Finds Consent a Valid Defense to TCPA Claims

The issue of prior consent, and when and if such consent was provided by a consumer before an autodialed call or text is placed, has been hotly contested in Telephone Consumer Protection Act (“TCPA”) cases throughout the country.


01.21.14

Good Faith Belief in a Consumer’s Consent Found to be Valid Defense to TCPA Claim

Despite a material question about whether the defendant had express consent to contact the plaintiff, a California federal court judge has ruled that a good faith belief that consent existed provided a complete defense to plaintiff’s Telephone Consumer Protection Act (TCPA) suit.


12.16.13

TCPA Fax Settlement Found Reasonable Despite Court’s Dismissal of Claims

A $6 million settlement in a Telephone Consumer Protection Act suit was reasonable, an Illinois federal court found, ordering two insurers to indemnify the marketing company that sent five illegal faxes to more than 4,000 recipients.


11.13.13

Consent Too Varied to Certify TCPA Class, Court Rules

Hilton Worldwide Inc. scored a victory in California federal court when a judge declined to certify a class of millions of consumers in a TCPA suit.