TCPA Monitor

Comprehensive news and analysis of TCPA regulation and related matters

Apr 30, 2015

Northern District of Illinois Addresses Several ATDS Issues

It is no secret that TCPA litigation has exploded in recent years.  Much of this litigation involves the alleged use of an “automatic telephone dialing system” (ATDS) to call cell phones without proper consent.  The definition of ATDS, however, continues to be debated in courts across the country.  Yesterday, in Modica v. Green Tree Servicing, LLC, the Northern District of [...]

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Apr 03, 2015

TCPA Case Law Update

Several recent court opinions highlight ongoing concerns associated with TCPA litigation.  The following is a high level summary and analysis of some of these opinions. Booth v. Appstack, Inc. (W.D. Washington).  The Court granted Plaintiff’s motion to certify a class action TCPA lawsuit stemming from prerecorded messages sent to cell phone numbers used by small businesses.  Although the opinion primarily [...]

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Feb 06, 2015

Northern District of California Issues Two Important ATDS Opinions

Given the overwhelming migration away from landline telephones, a business’ ability to call its customers’ cell phones, for both marketing and non-marketing purposes, has never been more critical.  Doing so in compliance with the Telephone Consumer Protection Act (TCPA) can, however, be tricky.  Unless a business knows for certain that a customer has provided the appropriate level of consent to [...]

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Feb 01, 2015

New Jersey Loosens Restrictions on Telemarketing Calls to Cell Phones

Over the past few years, the Telephone Consumer Protection Act (TCPA) restrictions on calls to cell phones have made headlines and been a top compliance priority for businesses that conduct outbound calling campaigns.  This is not surprising given: (1) the recent changes to the TCPA’s rules; (2) the increasing volume of class action TCPA lawsuits; and (3) statutory penalties of [...]

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