We aim to highlight the importance of due diligence in lead campaigns and to keep our customers and industry associates up-to-date with the compliance news reported for our industry.

Here’s what TCPA legal experts are tracking…

 

HUGE PETITION FOR EN BANC REVIEW SOUGHT: Group of Plaintiff’s Lawyers Trying to Undo TCPA Defendants’ Big Article III Wins in Eleventh Circuit

by Brittany A. Andres, Troutman Firm, TCPAWorld

One of the biggest TCPA developments of the last two years has been the increasing limits on Article III standing to bring TCPA suits in federal court. The Eleventh Circuit Court of Appeals has been, in particular, clamping down on suits where a Plaintiff suffered little or no harm from a violation. Most famously, of course, the 11COA held that receipt of a single text message does not afford Article III standing because it does not cause concrete harm. Less famously, but still importantly, the same court later determined that receipt of a single ringless voicemail does not cause Article III harm either. Since then a number of district courts have explored the limits of these decisions–with the most recent line of cases holding that receipt of any voicemail does not cause actionable harm. 

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POLITICAL TCPA CASES RETURN: Republicans Sued For Robocalls (Again) As TCPA Class Actions Go Political Once More

by Eric J. Troutman, Troutman Firm, TCPAWorld

Well its that time again. Time for us to be bombarded by texts and calls from folks looking for your vote, or looking for money from you to support this candidate or that cause. Today we have a class action lawsuit filed against the Republican National Congressional Committee. And just behind all those phone calls is an equally impressive barrage of TCPA class action lawsuits against candidates, parties, and committees.

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FIRST HUGE CCPA SETTLEMENT ANNOUNCED: California AG to Businesses: “My office is watching”

by Eric J. Troutman, Troutman Firm, TCPAWorld

Big CCPA news today. The California AG’s office announced a huge settlement with Sephora, and it comes with a message:

OAKLAND – California Attorney General Rob Bonta today announced a settlement with Sephora, Inc. (Sephora), resolving allegations that the company violated the California Consumer Privacy Act (CCPA), California’s first-in-the-nation landmark privacy law. After conducting an enforcement sweep of online retailers, the Attorney General alleged that Sephora failed to disclose to consumers that it was selling their personal information, that it failed to process user requests to opt out of sale via user-enabled global privacy controls in violation of the CCPA, and that it did not cure these violations within the 30-day period currently allowed by the CCPA. Today’s settlement is part of ongoing efforts by the Attorney General to enforce California’s comprehensive consumer privacy law that allows consumers to tell businesses to stop selling their personal information to third parties, including those signaled by the Global Privacy Control (GPC). 

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Robinhood Sued Under Washington State Law for Referral Texts

by Chris Alarie, Contact Center Compliance

Earlier this month, a district court in Washington ruled against Robinhood, the stock trading app and brokerage, in its attempts to get a text-message-based class action dismissed. What makes it especially notable is the class action is being brought under Washington’s Consumer Electronic Mail Act (CEMA) rather than the federal Telephone Consumer Protection Act (TCPA). In fact, the alleged text messages that form the basis of the lawsuit do not violate the TCPA but may well violate the CEMA.

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