How to Challenge TCPA Class Action Certification
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
1w ago
Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act (“TCPA”) class be denied. In Sharfman M.D.P.A. v. Precision Imaging St. Augustine LLC  (“Sharman”), Plaintiff sought to certify a class of individuals or entities who received an unsolicited fax advertising Defendant’s imaging and radiology services. Plaintiff alleged that Defendant’s fax message violated the TCPA because it was sent without first obtaining ..read more
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FTSA Lawsuit Update
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
1w ago
Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare, Inc., Defendant moved to dismiss Plaintiff’s FTSA lawsuit on the grounds that Plaintiff failed to plead actual damages as required to maintain a class action under Fla. Stat. § 768.734(2). Although the Court granted Defendant’s motion in part, significantly, the Court declined to dismiss Plaintiff’s FTSA claim. We discuss the Court’s decision in further detail below.  ..read more
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Third Circuit Clarifies TCPA ATDS Liability
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
2w ago
On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme Court’s landmark decision in Facebook v. Duguid. As our readers are aware, the TCPA was enacted to restrict certain telemarketing practices, including the use of an ATDS for marketing purposes. In Perrong v. Montgomery Cnty., Plaintiff alleged that Defendants violated the TCPA by using a number generator to determine the order in which to call a list of phone numbers. Citing it ..read more
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TCPA Vicarious Liability
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
3w ago
An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater v. State Farm Mutual Insurance Co., Plaintiff alleged that he received an unsolicited call from a third-party agency inquiring as to Plaintiff’s interest in automotive insurance. The next day, Plaintiff received a text message from a third-party following up on his purported interest in auto insurance. State Farm moved to dismiss the complaint on several grounds, including ..read more
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Revised Georgia Telemarketing Law Takes Effect on July 1, 2024
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
1M ago
On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of unsolicited telemarketing calls to State residents. Among other revisions, SB 73 amended Georgia’s telemarketing law to: 1) remove the “knowing” requirement for violation of the law; and 2) expand statutory liability beyond the party that called/texted to the advertisers.  The Telephone Consumer Protection Act (“TCPA”) is a federal statute designed to protect consumer ..read more
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Beware of Pennsylvania Wiretap Laws! 
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
1M ago
If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits filed against online companies, which allege that use of third-party website tracking software violates California’s wiretapping law. Our readers are likely less familiar with Pennsylvania’s wiretap law, however. Like California, Pennsylvania is a “two-party consent” state, meaning that Pennsylvania’s wiretap law requires that all parties to a telephone call or conversati ..read more
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Insurance Company Hit with Do Not Call Class Action Lawsuit 
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
1M ago
On May 6, 2024, Tarkenton Senior Solutions, LLC. (“Tarkenton”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection Act (“TCPA”). The National Do Not Call registry was enacted by the federal government under the authority granted to it by the Telephone Consumer Protection Act (“TCPA”). The TCPA generally prohibits companies from placing telemarketing calls to consumers who have registered their telephone numbers on the National Do Not Call list.  In Pinn v. Tarkenton Solutions, LLC, Plaintiff alleged that she ..read more
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Carefully Examine those TCPA Complaints!
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
1M ago
Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer Protection Act (“TCPA”) complaint for failure to state a claim. Plaintiff sued HIA for allegedly calling her twice without consent. In her TCPA complaint, Plaintiff alleged that these telemarketing calls violated both the TCPA and the Florida Telephone Solicitation Act (“FTSA”). The TCPA is a federal statute that restricts certain types of telemarketing communications. Th ..read more
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FTSA Standing
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
2M ago
Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone Solicitation Act (“FTSA”). Our readers likely are familiar with the common defenses available to companies facing FTSA class action claims, such as prior express written consent. Now, as detailed below, Fla. Stat. § 768.734(2) provides telemarketing companies with a lack of standing defense to FTSA class action claims. FTSA Standing For Class Action Claimants To have capacity to ..read more
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5 TCPA Compliance Tips
Klein Moynihan Turco » Telemarketing Law Blog
by David Klein
3M ago
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses operating without regard for TCPA compliance can incur massive civil penalties. As such, it is important to keep the following TCPA compliance tips in mind: To help ensure TCPA compliance, obtain prior express written consent to call/text. Consumers should be required to take an affirmative action to submit an online consent form and indicate their consent with an action, such ..read more
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