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Lawsuit: Fisher Investments violated federal telemarketing law
Published: April 13, 2021, 5:07pm
Share: Money management firm Fisher Investments has a 150-acre campus located in Camas. (Courtesy of Fisher Investments)
Camas-based financial management firm Fisher Investments has been hit with a class-action lawsuit alleging that the company violated federal law by using an automated system to place telemarketing calls to prospective clients’ cellphones. The company disputes the allegations.
North Carolina resident Mark Bryant filed the suit Friday in the United States District Court of Western Washington and sought class-action status on behalf of anyone else who received similar calls from Fisher in the last four years, which the lawsuit claims could include thousands of people. The lawsuit was first reported by the online outlet Advisor Hub.
April 13, 2021 at 12:46 PM
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Ed. note: This article first appeared on The Juris Lab, a forum where “data analytics meets the law.”
The Supreme Court recently handed down its verdict in
Facebook, Inc. v. Deguid, a statutory interpretation case about section 227(a)(1) of the Telephone Consumer Protection Act of 1991. The Act prohibits the use of “automatic telephone dialing system[s]” to make calls “to any telephone number assigned to a . . . cellular telephone service” without the “prior consent of the called party.” At issue was the statutory definition of an autodialer:
Equipment which has the capacity–
To store or produce telephone numbers to be called, using a random or sequential number generator; and
To embed, copy and paste the code into your website or blog:
Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”), its rigid opt-in requirements for commercial text messaging, and the thousands of cases and millions of dollars in fines and settlements paid out for TCPA violations. One significant problem with the TCPA has been the lack of clarity in the statutory language regulating the use of an “automated telephone dialing system” when sending text messages. Even the most diligent marketing and technology teams could get tripped up by the TCPA’s lack of definitional clarity, leading many to forego text messaging campaigns at all due to the potential legal risks, even though texting is currently among the most common communication platforms.
Why You Need an FCRA Compliance Manual and What It Should Include Published on: 14 April 2021 at 11:00 a.m. ET April 14, 2021, 11 a.m. April 14, 2021, 10:08 a.m. insideARM.com The iA Institute
http://www.insidearm.com/news/00047257-why-you-need-fcra-compliance-manual-and-w/
This article, authored by Joseph Messer, originally appeared on the Messer Strickler, Ltd. Blog and is republished here with permission.
Fair Credit Reporting Act (FCRA) lawsuits have been on the rise. In 2020, FCRA lawsuits increased by 5.3% over 2019, outpacing lawsuits filed under the Fair Debt Collection Practices and the Telephone Consumer Protection Act, which were down -17.6% and -3.3%, respectively.1 This trend will likely continue, and with the Consumer Financial Protection Bureau stepping up enforcement actions it is more important than ever for background screeners to review and improve their FCRA compliance procedures. This should start with a FCRA Compliance