Spam Text

02/03/2015

Unsolicited Phone Calls and Messages Continued in 2014

Unsolicited Phone Call Lawsuits

In an effort to curb unscrupulous solicitors and telemarketers, the federal government passed the Telephone Consumer Protection Act ("TCPA") in 1991. The TCPA allows a member of the public to file a lawsuit and collect damages for receiving unsolicited phone calls, faxes, text messages, pre-recorded calls or autodialed calls. The TCPA imposes severe monetary penalties on companies if they violate the provisions of the Act. Courts will award a minimum of $1500 for every intentional violation and $500 for every unintentional violation.... Read More
12/29/2014

Unauthorized Calls to Cell Phones Basis for TCPA Lawsuit Against Rite Aid

Audet & Partners, LLP reports that a New York consumer has launched a class action lawsuit in the U.S. District Court for the Southern District of New York against Rite Aid Corp. alleging violations of the Telephone Consumer Protection Act ("TCPA").  In the lawsuit seeking class action certification, lead plaintiff Robert Zani has alleged that Rite Aid placed pre-recorded, unauthorized calls to the cell phones a nationwide class of consumers seeking to market its products and services including flu shots. Under the... Read More
12/29/2014

TCPA Lawsuit Costs Wells Fargo $14.5 Million

Audet & Partners, LLP reports that Wells Fargo NA has agreed to pay $14.5 million to settle class action claims that the bank illegally called customers on their cell phones in the process of debt collection.  Lead plaintiff Lillian Franklin had brought the lawsuit against Wells Fargo in August 2014 alleging violations of the Telephone Consumer Protection Act ("TCPA"). The lawsuit, filed in the U.S. District Court for the Southern District of California claimed that Wells Fargo had repeatedly dialed the... Read More
04/03/2014

Text Spam Class Action Lawsuit Proceeds Against Payday Loan King

Spam Text Lawsuits

A judge in Nevada has granted class action certification in the lawsuit against Payday King Carey V. Brown, of Credit Payment Services, for violating the Telephone Consumer Protection Act with spam-texts. Brown reportedly got his title as the “payday king” by operating a network of payday lending companies including Credit Payment Solutions, MyCashNow.com, PayDayMax.com and DiscountAdvances.com, according to the TimesFreePress.com.  Brown and his companies are now facing a class action lawsuit for allegedly sending thousands of spam text messages offering high-interest... Read More
03/12/2014

Text Spam Lawsuit Against Yahoo! Moves Forward

Spam Text Lawsuits

Yahoo, Inc.’s attempt to halt a text spam lawsuit failed after the U.S. District Court for the Southern District of California at San Diego denied the company’s motion for summary judgment.  The Court also held that, absent prior consent, even a single “confirmatory” text message using an autodialer could constitute a violation under the Telephone Consumer Protection Act. Yahoo! was sued by Rafael Sherman for sending him an text message alleged to be in violation of the Telephone Consumer Protection Act... Read More
01/30/2014

Court Denies J.C. Penney Co. Motion to Dismiss TCPA Suit

A proposed class action lawsuit against J.C. Penny Co. Inc. over spam text messages will continue after a California federal judge rejected J.C. Penny’s attempt to use an offer of judgment to moot the lawsuit. Plaintiff Tracy Maier sued J.C. Penny Co. in January 2013 for violations of the Telephone Consumer Protection Act (TCPA).  Maier had received unsolicited text messages from the retailer after signing up for J.C. Penney’s online rewards program and providing her cellphone number in the process.  The... Read More
01/09/2014

2nd Circuit Holds TCPA Preemptive of State Law to Allow Class Actions in NY

A ruling by the U.S. Court of Appeals for the Second Circuit may precipitate a flood of new class action lawsuits under the Telephone Consumer Protection Act (“TCPA”). The appeals court ruled that the TCPA preempts New York state law banning class actions based on statutory damages. (See Bank v. Independence Energy Grp. LLC, (2d Cir. Dec. 3, 2013). Litigation under the TCPA has grown considerably in recent years in part due to rising consumer complaints about spam text messages and calls. ... Read More