Based on a December 3rd decision by the Second Circuit Court of Appeals, class actions under the Telephone Consumer Protection Act (TCPA) can now be brought in New York federal court. This decision marks a reversal of Second Circuit precedent, and will likely increase the number of TCPA class actions
FTC Says Scoot, Rascal! Rascal Scooters Penalized $100,000 for Calling Consumers on the Do Not Call Registry
The maker of Rascal Scooters agreed to pay $100,000 as a civil penalty to settle a complaint filed by the FTC alleging that Rascal Scooters violated the FTC Act and the FTC’s Telemarketing Sales Rule.
Robocalling. Easy. Doing it right? Maybe not so much . . .
On April 27, 2010, the Federal Trade Commission announced separate settlements with women’s clothing retailer Talbots and its telemarketer SmartReply, Inc. for violations of the Telemarketing Sales Rule (“TSR”). The FTC alleged that SmartReply’s robocalls for Talbots did not allow consumers to opt out of future calls until they had listened to almost all of the prerecorded solicitation or failed to provide opt out instructions; did not immediately disconnect consumers that chose to opt out; and failed to notify live call recipients of their right to opt out at any time during the call.
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.
Telemarketers Beware: New FTC Restrictions on Prerecorded Calls Take Effect Soon
Effective September 1, 2009, companies subject to FTC jurisdiction will not be able to make interstate prerecorded telemarketing calls to EBR consumers absent the prior express written agreement of the consumer. Effective December 1, 2008, any company that continues to make such calls must comply with new restrictions that will continue even after September 1, 2009 when prior express written consent of the consumer is mandatory.