Privacy Law Blog

Tag Archives: tcpa

Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the companies used an automated dialer to call customers’ cellphones without consent in violation of the twenty-two-year-old Telephone Consumer Protection … Continue Reading

Take Two of These, and I will Text you in the Morning (Because It’s Permitted Under the TCPA)

In its Memorandum Opinion and Order dated November 9, 2012, the US District Court for the Northern District of Alabama in Pinkard v. Wal-Mart Stores, Inc. held that under the Telephone Consumer Protection Act (TCPA), when an individual discloses his or her cellular phone number to a business, that individual is deemed to have expressly consented … Continue Reading

Florida Supreme Court Holds CGL Policy Covers an “Advertising Injury” Based Upon a TCPA Violation

The Florida Supreme Court recently held that a commercial general liability ("CGL") insurance policy that provides coverage for an "advertising injury" covers a violation of the Telephone Consumer Protection Act ("TCPA"). The definition of "advertising injury" in the CGL policy at issue provided coverage for an "injury arising out of" the "[o]ral or written publication of material that violates a person's right of privacy." In finding that coverage existed, the court noted that the TCPA protects the privacy right to seclusion. … Continue Reading

District Court Rules TCPA Applies to Text Messages Even Though Recipient Not Charged to Receive the Message

The U.S. District Court for the Northern District of Illinois recently ruled that a plaintiff may maintain a suit for receiving an unsolicited text message under the Telephone Consumer Protection Act (TCPA) of 1991, even though the plaintiff was not actually charged for receiving the message. In the ruling, the court noted that in enacting the TCPA, Congress was concerned with consumers' privacy rights and the nuisances of telemarketing. … Continue Reading

One Reputable Retailer Takes a $7M Hit On Text Messages

On September 10, 2008, Timberland Company, an outdoor clothing and shoe merchant, along with co-defendant ad agencies GSI Commerce Inc. (“GSI”) and AirIt2Me Inc. (“AirIt2Me”), settled charges brought under the Telephone Consumer Protection Act (“TCPA”) arising from unsolicited text messages advertising Timberland’s holiday sale.  Pursuant to the settlement, Timberland must employ best practices in future … Continue Reading
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