Q3 2009 Quick Links, Part 3

…a per-click model for paying affiliates, where the per-click amount is reset daily based on actual value delivered by the affiliate. * Ethical Quandary: Faxed attorney newsletter doesn’t violate TCPA….

Ninth Circuit Revives TCPA Claim–Satterfield v. Simon & Schuster

…When is a Text Message a Telephone Call? The court holds that a text message to a cellphone is a “call” for purposes of the Telephone Consumer Protection Act (TCPA)….

CAN-SPAM Defendant Awarded $111k in Fees/Costs–Gordon v. Virtumundo

…of rulings over whether TCPA lawsuits are covered by advertising injury insurance; whether (in light of the business relationship exception) TCPA plaintiffs have enough in common to form a class;…

June 2007 Quick Links

…defendant was a vendor retained by bulk fax senders that handled consumer responses, including opt-outs from future faxes. Court held that the vendor wasn’t liable for any TCPA/state anti-junk fax…

May 2007 Quick Links

…never sent unsolicited faxes or authorized anyone to do so on its behalf, but it did use lead generation companies. Strang sued Optima repeatedly in small claims court for TCPA

Junk Fax Doesn’t Create Conversion Claim–Edwards v. Emperor’s Garden

…incursions. None of this should be particularly surprising. The TCPA normally should be available for these types of claims. (It wasn’t available here for other reasons). So it’s not surprising…

Latest Junk Fax Lawsuit–Adler v. Vision Lab Telecommunications

By Eric Goldman Adler v. Vision Lab Telecommunications, Inc., 2005 WL 2621984 (D.D.C. Oct. 17, 2005). I’ve set up a Westlaw alert to notify me of new TCPA cases and…

Cellphone Spam Violates TCPA–Joffe v. Acacia Mortgage

…step) a “call”? The Arizona Court of Appeals seems to think so. The court says “The TCPA’s provisions at issue here apply to any type of call, voice or text.”…