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 from our industry. These articles are reprinted here for our readers, courtesy of dnc.com, TCPA World, and Mac Murray and Shuster LLP.
TCPA Class Actions Are a Class in Themselves and on the Rise
According to the TCPAWorld Czar Eric Troutman, there are “more multi-million dollar settlements under TCPA than any other federal statute.”
MedMen Faces Mad Fines in Florida Mini-TCPA Lawsuit
Cannabis giant MedMen was recently hit with a consumer lawsuit alleging the company sent unsolicited text messages without the recipient’s consent in violation of Florida law. The case represents the latest in a string of high-stakes telemarketing lawsuits targeting the cannabis industry…The complaint seeks to represent a class of “at least several thousand persons dispersed throughout Florida who collectively received at least tens of thousands of telephonic sales calls” and seeks over $5 million in damages.
Margaritaville Sued in TCPA Class Action in Florida
In the new class action, Plaintiff Racheal Paul alleges Margaritaville sent her telemarketing text messages without consent to those on the DNC list and to consumers who asked Margaritaville to stop texting them.
Citrix Settles TCPA Class Action for $2.75 Million
One of the most notable trends in the nearly two years since the Facebook decision is the fact that, while TCPA complaints are being filed much less often overall, a larger portion of them are class actions. And while post-Facebook rulings at the district and circuit court level have mostly been less likely to favor automatic telephone dialing system (ATDS) claims than pre-Facebook rulings, there are still do not call (DNC) list risks for callers. A recently approved class action settlement in a Maryland district court serves as an example of such. In Boger v. Citrix, the plaintiff alleged that he continued to receive marketing calls from the defendant after being asked to be placed on their internal DNC list. As a result, the defendant will now pay out millions of dollars to a class of nearly 550,000 people.
Huge TCPA Settlement as Snap Finance Pays $5MM to Settle Robocall Claims
The TCPA class action against Snap was a wrong number TCPA class action–in other words Snap had to pay $5MM for robocalls it mistakenly made to the wrong party.
Chipotle Sued in FTSA (FL mini-TCPA) Class Action
[from our partners at dnc.com] The FTSA is ground zero for post-Facebook, state-level mini-TCPAs, with Oklahoma following suit and other states such as Maryland seemingly on the way. As predicted when the FTSA was first signed into law, it has taken the mantle from the TCPA as the largest source of risk for text message marketing. A recent class action complaint against Chipotle illustrates this. In Diaz v. Chipotle, the plaintiff alleges that she received an unsolicited text message from the burrito chain advertising a Halloween-themed promotion. She seeks to represent a statewide class of all Florida residents who received similar messages without having given consent. Notably, this complaint was filed in federal court in the Central District of California despite the plaintiff being a Florida resident and the law being a state-level law from Florida.
Get a recap of the latest contact center compliance news delivered monthly to your inbox. Subscribe here >
DISCLAIMER: The information on this page, and related links, is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.
