TCPA defendants can add another weapon to their arsenal with Roark v. Credit One Bank, N.A., a decision out of the District of Minnesota (in the 8th Circuit). Roark provides the first rejection of the 9th Circuit’s ruling in Marks v. Crunch SanDiego, LLC (which we...
The Northern District of Iowa has given us TCPA practitioners an excellent piece of authority to show that Congress meant what it wrote when it defined an “automatic telephone dialing system.” The court, in Harbach v. USAA Federal Savings Bank, held that for a...
Even in well-tended yards, weeds can emerge. Wrong numbers are the weeds of a well-tended TCPA compliance program. Notwithstanding your best efforts to cultivate and grow communications campaigns rooted in consumer consent, calls to wrong numbers are often inevitable....
New Jersey’s federal trial court ruled in Zemel v. CSC Holdings, LLC that “when an individual sends a message inviting a responsive text, there is no TCPA violation” when you respond. That sounds perfectly reasonable, but the outcome was not a foregone conclusion. In...
When we help clients design TCPA-compliant SMS marketing campaigns, one of the key issues we focus on is syncing up the content of the message with the level of consent we’ve achieved at any stage in the consumer experience. As all good TCPA students know,...
No company using modern technology to communicate with their customers was unhappy when the D.C. Circuit Court of Appeals rejected the FCC’s overly broad interpretation of what equipment qualifies as an “automatic telephone dialing system” (“ATDS” or, colloquially, an...
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