Our investigative team bought new phones all over the U.S. & measured when they got spam calls, as efforts to crackdown on billions of robocalls roll out.
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TCPA 2.0: A Call For Congress to Get Serious About Robocalls While Protecting the First Amendment Here’s How Tuesday, May 11, 2021
Back in 1991 Congress passed the one and only federal law designed to prevent Robocalls the Telephone Consumer Protection Act (TCPA).
As any American can tell you, the statute has proven completely ineffective at preventing unwanted Robocalls from reaching our cell phones. This is true despite the fact that the law contains one of the richest private rights of action ever created by Congress meaning that thousands of TCPA lawsuits are filed every year seeking to enforce the statute, but mostly against legitimate American businesses and not the real bad guys.
That s the IRS is after you - every scam you can think of - the warranty department , the health insurance one, all that kind of stuff. All those that are coming from criminals basically, said Kerney. Another Mortgage Lender Sued: First California Financial Hit in TCPA Robocall Suit Over “Follow-up Call” on Mortgage Rates https://t.co/4M0sVlvszH National Law Review (@natlawreview) May 11, 2021 I think there is a lot of these small operations all over the place. They come and go. They pop up somewhere, do it for a couple of months, and then go somewhere else, said Kerney.
Barr to pre-
Barr.
Harris filed a motion to remand the suit to state court. She contended that Travel as the removing party could not establish federal subject matter jurisdiction because of lack of injury in fact under Article III, citing for support the defendant’s prior filings.
U.S. District Judge Aileen M. Cannon agreed, ordering the case back to state court.
Cannon found that Travel failed to establish that Harris’ allegations satisfied the requirements under Article III. Harris herself disclaimed that she suffered a constitutional injury sufficient to confer Article III standing, and the defendant “conspicuously declines to admit that it caused Plaintiff a concrete and particularized injury,” Cannon wrote. “Taken together, these party positions frame the degree of purported injury at issue, even if they are not dispositive.”
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Many cannabis dispensaries rely heavily on text messaging marketing programs to reach their customers and to create loyalty in an increasingly competitive market. While text messaging programs may be an effective marketing tool, they can lead to significant liability if your business does not carefully comply with the Telephone Consumer Protection Act (TCPA). Unfortunately, there has been a spate of TCPA class actions filed against cannabis dispensaries recently. Although the recent Supreme Court decision in
Facebook, Inc. v. Duguid (Facebook) narrowed the scope of the statute and may make these cases easier to defend, it is likely that the cannabis industry will continue to be targeted with TCPA class actions.