Allstate Insurance Co., the first federal appellate decision addressing Rule 68 offers of judgment for TCPA
claims since Campbell-Ewald, the court held that a plaintiff's individual claims are not moot until the plaintiff actually receives relief, and merely depositing the offered funds into an escrow account for the plaintiff will not satisfy this standard.
makes it unlawful to call a cellphone using an automatic telephone dialing system (ATDS) without the prior express consent of the called party.
If any company with a sales or marketing force is not yet concerned with TCPA
compliance and liability issues, it probably should be.
and its regulatory regime forbid the intrusive use of all of these technologies absent an applicable exception or consent of the receiving party.
The order will make abuse of the TCPA
significantly easier, as well.
Amendments implemented within the last few years added complexities to the TCPA
, but the basic requirement is this: a bank or third-party telemarketer must obtain prior express written consent either (1) before placing any telemarketing call to a wireless number using an automatic telephone dialing system (ATDS); or (2) delivering any prerecorded telemarketing message to either a wireless or residential landline number.
is a 1991 federal consumer protection statute that limits auto-dialed and recorded voice calls (interpreted to include text messaging) placed to cellular telephones and residential land lines.
We were therefore very pleased to have the opportunity to engage in sponsorship of the TCPA
's Garden Cities' initiatives."
Businesses that violate the TCPA
are subject to actions by private parties for actual monetary loss for such a violation or statutory damages of $500 per call, whichever is greater.
, enacted by Congress in 1991, was the first federal law to establish regulations for telemarketing and commercial sales.
Textellent, a SMS texting platform for customer service and marketing, announced it has been awarded a patent for their innovation that includes new TCPA
compliance capability leveraging artificial intelligence, the company said.
Meanwhile, the state Court of Appeals has set no date for oral arguments in another multimillion-dollar judgment related to the TCPA
. In that case, also filed by M.S.