What's trending with the TPCA



March 16, 2016

The Cleveland Cavaliers, Macy’s and others face alleged TCPA violations, the Sixth Circuit holds that patients consented to debt collection calls, and a Florida court says a public school is not subject to TCPA liability. Here’s what’s trending with the Telephone Consumer Protection Act.

Litigation Developments

Consumers allege payment processing company violated the TCPA, file class action lawsuit

Stephen Christian filed a putative class action lawsuit in the United States District Court for the District of Arizona alleging Paradigm Services, Inc. violated the TCPA by placing unsolicited telemarketing phone calls to his cell phone.

Read More

Loan company hit with TCPA class action lawsuit for potential violations

John Kristensen filed a putative class action lawsuit in the Central District of California, alleging Expansion Capital Group LLC, violated the TCPA by contacting his cell phone in an effort to solicit him into taking out a commercial loan or line of credit.

Read More

Mobile app company faces TCPA class action lawsuit for “growth hacking”

Ahmad Gage filed a putative class action lawsuit in the United States District Court for the Eastern District of Pennsylvania, alleging Joya Communications Inc., violated the TCPA by sending tens of thousands of unauthorized text messages to the class plaintiffs’ cell phones.

Read More

California based marketing company faces TCPA class action lawsuit for alleged violations

On February 1, 2016, Ronald Ramos filed a putative class action lawsuit in the United States District Court for the Southern District of California, alleging that Yurz, Inc. and ten John Does violated the TCPA by placing unsolicited phone calls.

Read More

Illinois District Court tosses TCPA claims against VoiceShot LLC for unsolicited text messages

Court grants Defendants’ summary judgment motions in TCPA class action.

Read More

Oregon judge grants final approval of $7.4 million dollar TCPA settlement agreement

In her opinion Judge Stewart noted that despite finding that the hourly rates charged by class counsel greatly exceeded what a court would award an attorney for similar performance and that the billed hours were disproportionate, she granted a twenty-five percent fee award to class counsel.

Read More

Sixth Circuit throws out TCPA lawsuit, holds patients consented to debt collection calls

Court finds that the TCPA does not prohibit a third-party caller from getting consent through an intermediary party as long as the debts owed arose from the transactions in which the called party provided his or her cell phone number.

Read More

Telemarketing companies appeal FCC’s 2015 Declaratory Ruling, arguing it is unworkable

On February 16, 2016, over a dozen telemarketing companies filed a petition of review in the United States Court of Appeals for the District of Columbia Circuit, challenging the FCC’s 2015 Declaratory Ruling and Order.

Read More

Florida court rejects TCPA lawsuit, says public school not subject to TCPA liability

On February 11, 2016, the United States District Court for the Middle District of Florida granted a motion for summary judgment filed by the Seminole County School Board holding that the plaintiff was prevented from bringing a TCPA lawsuit against the school.

Read More

Macy’s hit with TCPA class action lawsuit for alleged violations

On February 12, 2016, Agustin Islas filed a putative class action lawsuit in the United States District Court for the Central District of California, alleging that defendants Macy’s Inc., Department Stores National Bank, and FDS Bank violated the TCPA by placing unsolicited calls to the plaintiffs’ cell phones.

Read More

Debt collection agency hit with TCPA class action lawsuit for alleged violations

Alu Banarji filed a putative class action lawsuit in the United States District Court for the Southern District of California alleging P&B Capital Group, LLC willfully, negligently and knowingly violated the TCPA.

Read More

Loan center slapped with TCPA class action lawsuit for suspected violations

Marissa Weisberg filed a putative class action lawsuit in the United States District Court for the Central District of California, alleging that U.S. Fed Loan Consolidated Center and ten Doe defendants placed unsolicited phone calls in violation of the TCPA.

Read More

Cleveland Cavalier fans serve team with TCPA class action lawsuit for alleged violations

Fans of the Cleveland Cavaliers filed a putative class action lawsuit against the basketball team in the United States District Court for the Northern District of California San Jose Division, alleging the team violated the TCPA by sending unsolicited text messages.

Read More

Upcoming Events

Webinar: What Businesses Need to Know About the Telephone Consumer Protection Act (TCPA)

April 21, 2016

Read More

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

Back to top