Tag Archives: consent

Retailer Successfully Defends Text Messaging TCPA Claim

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer. Plaintiff brought this class action seeking $1.8 billion in damages by alleging that the company’s practice … Continue Reading

6 Best Practices For Avoiding TCPA Violations As The Scope Of Liability Under The Statute Swells

As we have previously discussed, the Federal Communications Commission (the “FCC”) recently issued a Declaratory Ruling (“Declaratory Ruling”) that, among other things, likely exposes companies to even greater liability under the Telephone Consumer Protection Act (the “TCPA”). The TCPA regulates communications, from companies to their consumers, that utilize an automatic telephone dialing system (“ATDS”).  Under the … Continue Reading

FCC Releases TCPA Omnibus Declaratory Ruling

As anticipated, on July 10, 2015, the Federal Communications Commission (FCC) released its Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling which had previously been approved on June 18, 2015.  The Declaratory Ruling takes effect immediately. In short, the Declaratory Ruling provides numerous rulings including: Dialing equipment that simply has the capacity to store or … Continue Reading
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