A California court has dismissed a putative class action filed against Hilton Hotels for allegedly recording phone calls to a customer service representative, and ruled that the California Invasion of Privacy Act (CIPA) does not apply to the hotel chain because monitoring or recording of calls by companies for service-observing conduct is exempt from the CIPA.Read More
Our attorneys at Copilevitz, Lam & Raney provide up-to-date insight into legal issues involving nonprofits, fundraising, telemarketing and political calling.
A Florida court recently denied class certification of a TCPA claim after the plaintiff moved to certify the class on the same date the class action was filed and before defendant had a chance to respond by Answer to the Complaint. Dickerson v. Laboratory Corporation of America, 2014 U.S. Dist. LEXIS 100323 (M.D. Fla. July 23, 2014).Read More
Sellers and telemarketers cannot intentionally misrepresent a telephone number or name provided as the caller ID display, but they can, likely, use recognized trade or product names, acronyms, or abbreviations, rather than full legal names, which may exceed the display character limit or be even more confusing.Read More
If your company or nonprofit organization has been sued in a TCPA class action, it is important to consider making an offer of judgment before the plaintiff has moved for class certification.Read More
GroupMe allows users to create and join text-based groups to communicate, much like a private chat room. It its terms of service, GroupMe requires group creators to obtain consent from other users to receive group texts. In its ruling, the FCC stated “we expect that the intermediary and autodialer user will already have some established relationship, contractual or otherwise, which lays out the responsibilities of each/provides assurance that actual consent has been obtained….” Therefore, the Commission held that a friend or other associate of a consumer may obtain and convey to GroupMe that a consumer actually provided prior express consent.Read More