Another day another patchwork ATDS decision here in TCPAland. But this latest case has an interesting wrinkle– can a text message responding to a “help” request from a consumer be sent even if the original text prompting the “help” response was sent without consent? In Zemel v. CSC […]
Yesterday, a trio of Democratic Senators – Dianne Feinstein, Richard Blumenthal, and Amy Klobuchar – introduced the REAL PEACE Act. The Act proposes to eliminate the long-standing exemption of common carriers from the jurisdiction of the Federal Trade Commission and its enforcement powers. According to the Bill’s preamble, […]
The “Ivy” AI text message platform is in the cross-hairs again in a class action filed against Caesars Entertainment Corporation in Castillo v. Caesars Entm’t Corp., No. 18-cv-05781-EMC, 2018 U.S. Dist. LEXIS 201721 (N.D. Cal. Nov. 28, 2018). But unlike the class action involving the same platform against […]
The TCPA legal doctrine atom smasher continues to, well, smash atoms. Earlier today we learned a bit about Article III standing of class representatives from a TCPA case, and now the wide world gets to learn about the proper application of the American Pipe tolling doctrine brought to you–once again–through […]
Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has weighed in on the issue and rejected the idea […]
NOT LEGAL ADVICE, NOT LEGAL ADVICE, NOT LEGAL ADVICE–DON’T RELY ON THIS–CONSULT AN ATTORNEY Every once in a while we get some questions from our loyal readers. Thought I’d take a minute and provide a few answers where I can. Like the disclaimer says, however, this isn’t […]
For those of you that missed it, the big ACA forum in Chicago was amazing this year. Very well attended and Queenie and I had the opportunity to address a great crowd of folks and answer dozens of questions following the TCPA keynote. Perhaps more importantly, however, those […]
The FCC is expected to consider two items at its December 12, 2018, open meeting that will be of significant interest to TCPAland. Ok, don’t get too excited. The decision on the ACA public notice is not on the agenda, but we’re getting closer. The first item, […]
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