Plaintiffs Say TCPA is a Strict Liability Statue, but “Not So Fast” Says Pennsylvania Judge
As Telephone Consumer Protection Act (“TCPA”) class actions have exploded in frequency, defendants often claim they were unaware of the restriction or that a number had been reassigned to a new consumer or transferred from landline to cell phone, such that the business could not avoid violating the TCPA. Plaintiffs’ attorneys often respond that the […]
How to Defend a Do-Not-Call Violation Case using the Safe Harbor Defense
Summary In order to use the safe harbor defense against a TCPA privacy or automated calling suit, good record keeping is critical. Article The TCPA allows individuals to sue companies in state or federal court for violations of the law, including failure to honor a company specific “do-not-call” request or making an illegal prerecorded telephone […]
Are Wiretapping Laws Applicable to Text Chat Customer Support Conversations?
Summary Although federal wiretapping law permits one party to record, monitor or otherwise intercept its own conversations, state law can vary. If you engage in web chat customer support, you should review compliance with state and federal wiretapping laws and potentially disclose potential monitoring of those communications to your customers. Article Class actions that claim […]