Litigation under the Telephone Consumer Protection Act (“TCPA”) is experiencing a notable shift, with an increasing number of class action lawsuits targeting businesses for sending marketing text messages outside of federally mandated "quiet hours." These quiet-hour restrictions—outlined in 47 C.F.R. §64.1200(c)(1)—prohibit marketing calls or texts before 8:00 a.m. and after 9:00 p.m. local time. Complicating things even further, several states have different time-of-day or day-of-week restrictions different from the federal TCPA.
Dual-purpose phones can qualify as “residential” numbers to support a TCPA action
The Telephone Consumer Protection Act (“TCPA”) and its regulations prohibit calls and text messages to residential telephone subscribers who have registered their phone numbers on the national do-not-call list maintained by the federal government. While business lines are not eligible to be registered on the national do-not-call list, in practice there is nothing that bars such registration. As a result, TCPA litigation sometimes requires a determination as to whether a phone line is used for residential or business purposes. This issue arises more frequently in the current gig-economy era, because many cell phone owners use their devices for both personal and business purposes.
TCPA liability reduced to $500 for Gold’s Gym
A recent ruling out of the Central District of California will prove to be very useful for telemarketers faced with class actions under the Telephone Consumer Protection Act (“TCPA”). In Bustillos v. West Covina Corporate Fitness, Inc., United States District Judge Stanley Blumenfeld, Jr. denied an order seeking class certification where it was clear that the call in question violated the TCPA.
Class action attorneys score a victory
Mortgage-servicing calls will still require prior express consent.
Pennsylvania woman had 35 cell phones to attract calls!
Yahoo facing liability to half a million text message recipients
Commissioner’s speech hints at more rulings to come
Total judgment awarded to cable subscriber is $229,500
CLIENT ALERT
Marketers who communicate with consumers on mobile devices and smart phones must stay current with the FCC's new rulings.
Telemarketer’s Do Not Call Violations Cost Business $6 Million
Eighth Circuit Rules On “Survey” Used To Promote Movie