On October 19, Missouri Attorney General Chris Koster filed a federal lawsuit in the United States District Court for the Eastern District of Missouri against Charter Communications, Inc., alleging violations of federal and state telemarketing and “do-not-call” laws. Koster claims that his office received 350 complaints from consumers “about harassing practices by Charter’s telemarketers …
Fifth Circuit: TCPA Violation Requires Connection for Prerecorded Message, But Not for Dialer
On October 20, the United States Court of Appeals for the Fifth Circuit delivered its opinion in Ybarra v. DISH Network, LLC (“DISH”), a case involving alleged violations of the Telephone Consumer Protection Act, which prohibits callers from using an automatic telephone dialer system (“ATDS”) and delivering messages with an “artificial or prerecorded voice” without
Following Oral Argument, Supreme Court Appears Split on Whether Offer of Judgment Moots Case
Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim? The Supreme Court is set to answer this constitutional question after hearing oral arguments in Campbell-Ewald Company v. Gomez on October 14.
As we previously reported, Gomez involves
Federal Judge Tosses TCPA Lawsuit Against Telemarketer on Behalf of Charity
A new federal court decision provides important guidance to nonprofits and their vendors in using automatic dialers to place fundraising calls. On September 21, Judge Matthew Leitman of the United States District Court for the Eastern District of Michigan granted summary judgment in favor of Defendant DialAmerica Marketing, Inc. (“DialAmerica”), a telemarketer making calls on
Virginia’s Attorney General Promises Crackdown on Car-Title Loans
On September 11, Virginia Attorney General Mark Herring announced a crackdown on Virginia’s car-title loan industry. Car-title loans are made to borrowers who sign over their car titles as collateral, and are commonly made to individuals with poor credit histories in need of fast cash. Herring claims that such loans “are trapping a lot of
FTC Fines Texas Auto Dealer $82,777 for Violating Credit Reporting Requirements
A recent Federal Trade Commission settlement with an auto lender highlights two basic requirements under the Fair Credit Reporting Act for companies that furnish consumer information to consumer reporting agencies (CRAs): (1) furnishers are required by federal law to have written policies aimed to ensure the accuracy and integrity of the information supplied, and (2)
FCC Continues to Expand Its TCPA Reach with E-Faxes
On August 28, the Federal Communications Commission issued a declaratory ruling holding that electronic faxes or “e-faxes” are covered by the Telephone Consumer Protection Act and the Junk Fax Protection Act. E-faxes are communications that originate as a fax, but are converted to electronic files during transmission and received as attachments to emails. This ruling
Fourth Circuit: South Carolina’s Automated Call Statute Is Unconstitutional
On August 6, the United States Court of Appeals for the Fourth Circuit affirmed a federal district court decision invalidating South Carolina’s statute banning automated calls for commercial or political purposes. The statute, enacted in 1991, restricted unsolicited automated calls “made for consumer, political, or other purposes.” All qualifying automated calls were prohibited with
FCC Levies Record $2.96 Million Fine Against Florida Company for Autodialed Calls
On August 11, the Federal Communications Commission handed down a $2.96 million fine against Travel Club Marketing Inc., related entities, and owner Olen Miller (collectively “Travel Club”), the largest fine in FCC history related to autodialed calls. The fine stems from allegations that the companies violated the Telephone Consumer Protection Act in their telemarketing efforts,
California Supreme Court Upholds Validity of Standard Auto Sale Arbitration Clause
On August 3, to the relief of car dealerships and auto finance companies, the California Supreme Court upheld a standard arbitration clause from an automotive purchase agreement by a 6-1 majority decision in Sanchez v. Valencia Holding Co., LLC, which reversed both the trial court and Court of Appeal’s rulings invalidating the entire arbitration