When you offer a website with services and offerings that are accessible to millions of people with a simple click of a mouse, one important way to reduce risk is to craft an enforceable arbitration...

Melody Stoops’s TCPA-claim business just took a hit. Here’s how she built her scheme, and what went wrong, according to the recent decision in Stoops v. Wells Fargo Bank. Stoops knew that the federal Telephone...

An exception to a consent requirement for some non-marketing text messages and calls has survived another misplaced legal challenge, but you probably shouldn’t rely on the exception. Here’s why. First, some background: The federal Telephone...

The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit...

The Federal Trade Commission has had a busy month. Among other things, the FTC issued a final rule incorporating amendments to the Telemarketing Sales Rule (“TSR”). Most amendments are effective February 12, 2016. As background,...

Before the proverbial ink had even dried on the FCC’s TCPA Omnibus Order, one party is already challenging its legality. ACA International filed a Petition for Review on the day of the Order’s release, followed...

Class-action risk increases for most companies under the Telephone Consumer Protection Act (“TCPA”) following the July 10, 2015 release of the omnibus Declaratory Ruling and Order (“Order”) by the Federal Communications Commission (“FCC”). For some...

Companies involved in telemarketing or in the transmission of text messages have been patiently waiting for the FCC to act on the plethora of petitions seeking clarification on the Telephone Consumer Protection Act (“TCPA”). Indeed,...

In class actions under the Telephone Consumer Protection Act (“TCPA”), if defendant offers the named plaintiff complete relief for his TCPA claim, does such an offer moot plaintiff’s case? The Supreme Court announced on May...

Companies who call customers or send text messages to customers are abundantly aware of the potential risk under the Telephone Consumer Protection Act (“TCPA”). Increasingly, lawsuits are being filed against other companies that are simply...