Posts from October 2013.

Cellco Partners v. Plaza Resorts, Inc., No. 12-81238-CIV, 2013 WL 5436553 (S.D. Fla. Sept. 27, 2013) Plaintiff Cellco Partnership d/b/a Verizon Wireless filed a TCPA claim alleging millions of calls were placed to Verizon customers, approximately 27,678 of which were made to cell phones Verizon owns, pays for and provides to employees to conduct Verizon business. The ultimate question presented in the case was who possessed the TCPA cause of action, Verizon or its employee, since the TCPA provides that it is a violation of the statute to make a call without the prior express consent of ...

Posted in: Florida, Standing

The Telephone Consumer Protection Act (TCPA) has increasingly become a target for consumers and their attorneys for suits aimed at collection agencies. TCPA suits in August rose 15.4 percent from July and 72 percent compared to August 2012. Year-to-date, TCPA suits are up 65 percent according to an article published by InsideArm.

Summary of August lawsuits:

  • There were about 1,118 unique plaintiffs (including multiple plaintiffs in one suit).
  • Of those plaintiffs, about 373, or (33.4%), had sued under consumer statutes before.
  • Combined, those plaintiffs have filed about 1,974 ...
Posted in: Statistics

The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The rule eliminates the "established business relationship" exemption for such calls to residential lines and requires that telemarketers now obtain a written agreement containing the signature of the called party, including a clear and conspicuous disclosure that: 1. The person allows the seller to make telemarketing calls using an automatic telephone ...

Posted in: FCC

Physicians HealthSource, Inc. v. Multiplan Services, Corp., No. 12-11693-GAO, 2013 WL 2599134 (D. Mass. Sept. 18, 2013) According to the Complaint, Plaintiff did not give Defendant permission to send it faxes. The TCPA prohibits unsolicited advertisements sent via facsimile. But advertisements are exempt from the prohibition if: (1) the sender has an established business relationship with the fax recipient; (2) the sender obtained the recipient's fax number through a voluntary disclosure by the recipient; and (3) the unsolicited fax contains language clearly indicating how ...

Posted in: Faxes, Massachusetts

Whaley v. T-Mobile, USA, Inc., No. 13-31-DLB-JGW, 2013 WL 5155342 (E.D. Ky. Sept. 12, 2013) Plaintiff opened a cell phone account with Defendant. Terms and conditions of the account included an arbitration provision in bold letters. While Plaintiff was allowed an opportunity to opt out of the arbitration procedures by calling a 1-800 number within 30 days of activating service, he did not exercise this option. According to the Complaint, Defendant later began calling Plaintiff to collect debt from a third party. He filed suit alleging violations of the TCPA and Defendant moved to ...

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