Group Text Services Grapple with TCPA Class Actions
…FREE w/ our app – http://disco.com/d . . . Plaintiffs sued for TCPA violations, but alleged that the messages sent by Disco violated the TCPA (they did not sue for…
Vendor Fails to Form Either an Online or Paper Contract With Customers–Kwan v. Clearwire
…was harassed by Clearwire and its debt collectors in an effort to reach a Clearwire customer (which wasn’t her). Among other claims, she asserted claims under the TCPA, the Fair…
Text Spam Lawsuit Against Citibank Moves Forward Despite Vague Allegations of Consent — Ryabyshchuk v. Citibank
…some would say is less intrusive–Citibank got tagged with a lawsuit. Related posts: “Ninth Circuit Revives TCPA Claim–Satterfield v. Simon & Schuster” “Cellphone Spam Violates TCPA–Joffe v. Acacia Mortgage” “Another…
Lawyer Hit With $4.2 Million Judgment in Junk Fax Class Action — Holtzman v. Turza
…in question were “advertisements” under the TCPA, and (2) the defendant would be liable for all faxes received on a “target list.” After conducting some discovery, Holtzman files a motion…
Court Invalidates Agreement Governing Toyota’s Online Prank Contest — Duick v. Toyota
…not assert claims under the TCPA for unsolicited text messages, but she and other participants of the contest who received text messages could assert those claims. Duick still faces the…
Debt Collection Text May Result in Liability under the Telephone Consumer Protection Act — Gutierrez v. Barclays Group
…any recipient could sue. The court takes a different approach and rules that only the subscriber has a cause of action to sue under the TCPA. __ The TCPA is…
Lawyer-Spam Plaintiff Loses in the Sixth Circuit Over Allegedly Misleading DISH Network Emails — Ferron v. Echostar
…“shy in taking on the role of private attorney general under the Telephone Consumer Protection Act” and listed him as a plaintiff in 13 TCPA lawsuits. The Sixth Circuit delves…
Court Rejects Constitutional Challenge to TCPA Based on Vagueness in “Prior Express Consent” Exception — Kramer v. Autobytel, Inc.
…Finds that SMS Spam Messages are Subject to the TCPA and Rejects First Amendment Defense — Abbas v. Selling Source, LLC“ “Ninth Circuit Revives TCPA Claim–Satterfield v. Simon & Schuster“…
Junk Fax Claim Fails Due to “Established Business Relationship” Exception — Cardinal Partners v. Fernandez Discipline
…defense to the fax at issue. The court looks at the TCPA (enacted in 1991), as amended by the Junk Fax Prevention Act (enacted in 2005), and concludes that although…
Former Employee’s ‘Email Barrage’ Does Not Support CAN-SPAM or Computer Fraud and Abuse Act Claims — Nyack Hosp. v. Moran
…an “Ad” for TCPA Junk Fax Law Purposes“). At the end of the day, this seemed like a garden variety employment dispute that didn’t really implicate laws which cover spam…