TCPA Law – Not Just Telemarketers and Debt Collectors

Posted on October 11, 2016

Back in 1991, when the Telephone Consumer Protection Act was first enacted, the main goal of the law was to protect consumers from unwanted, unsolicited, and even harassing phone calls and faxes from debt collectors and telemarketers. Since then, the law has been interpreted to encompass more modern communication methods, such as SMS messages TCPA […]

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Stop Robo Phone Call Harassment

Posted on September 26, 2016, Robo Calls

Have you been annoyed with robo phone calls? Do you receive unwanted and unsolicited calls or texts on your home or cell phone? Do you constantly receive phone calls in which the caller is asking for a person other than yourself? Are the phone calls happening early in the morning, at night, or while you […]

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Unwanted Text Messages Have Donald Trump Presidential Campaign Under Fire

Posted on August 17, 2016, Robo Calls

As usual, the Donald Trump campaign has been stirring up a buzz. This time, it is in the form of unwanted text messages from his campaign. These text messages have led to two separate class action lawsuits that charge the Trump presidential campaign with violating the Telephone Consumer Protection Act (TCPA).    The TCPA, In […]

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Senator Schumer Drafts Act to Block Robocalls

Posted on July 18, 2016, Robocall

The act referred to in the title is called the Repeated Objectionable Bothering of Consumers on Phones Act, and it would require both landline and mobile phone carriers to block robocalls. Senator Schumer of New York and Jackie Speier, California legislator, drafted the act to put an end to unwanted and annoying robocalls that disturb […]

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The TCPA Is Constitutional

Posted on June 15, 2016

Dozens of courts have already found the Telephone Consumer Protection Act (TCPA) to be constituional. However, a unlikely group of politicions are again challenging the TCPA because they want to send you additional political robocalls. The Tea Party Republicans and the Democrats have unified to fight on the same side on May Friday the 13th. […]

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Businesses Pleading to Congress to Soften Tcpa Laws

Posted on May 28, 2016, Robo Calls

Despite record number of complaints, businesses are pleading to Congress to soften up on the TCPA laws. Americans have made it clear, through complaints to the FCC, FTC and state Attorney Generals, that they want companies to stop making robocalls to their phones. Regardless of this outcry from consumers, companies are asking Congress to loosen […]

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Impact of the FCC’s 2015 Declaratory Ruling and Order on TCPA Claims

Posted on May 27, 2016, Robocall

The 2015 Declaratory Ruling and Order On July 10, 2015, the Federal Communications Commission (FCC) released the text of the new Declaratory Ruling and Order on the TCPA, which was signed into legislature on June 18, 2015. The ruling rejects industry attempts to side step the TCPA by requesting an unduly narrow definition of which […]

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TCPA and Class Actions Lawsuits

Posted on May 17, 2016

If you have not provided an entity permission to dial your cell phone using an “automated telephone dialing system” or with a prerecorded, artificial voice, that entity may have violated the Telephone Consumer Protection Act (TCPA). Usually, when one person has received an unsolicited telephone call or text message that violates the TCPA law, there […]

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Does an Unaccepted Offer of Full Relief Render Class Action Moot?

The Campbell-Ewald Company, a marketing consultant, was hired by the U.S. Navy to help with a recruiting campaign. Another company, Mindmatics, was used to compile a list of targeted phone numbers and send out the text messages for the recruiting campaign. On May 11, 2006, Jose Gomez received one of those messages, leading to a Telephone […]

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The “Human Intervention” Argument in TCPA Claims

Posted on April 28, 2016, Robocall

In the case Sherman v. Yahoo! Inc., 2015 U.S. Dist. LEXIS 167177, the TCPA law extended beyond the traditional and specifically stipulated “automatic telephone dialing system,” and flash forwarded to the present technology of instant messaging and SMS messages. In recent courtroom events, Yahoo has been defending their Mobile SMS Messenger Service (“PC2SMSService”). Yahoo requested […]

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